Cheltenham Borough Council v Laird

Cheltenham Borough Council v Laird

The court found Mrs Laird's answers to the medical questionnaire were not false or misleading when construed as a reasonable layperson would understand them. Even if false, she honestly believed them to be true and was not negligent. No actionable misrepresentation was established. CBC's claim for damages failed....

Source-derived case information.

Parties
Claimant: Cheltenham Borough Council; Defendant: Christine Susan Laird
Jurisdiction
England and Wales
Judgment Date
15 June 2009
Procedural Posture
Civil (employment/misrepresentation) / Final Judgment
Outcome
Claim dismissed
Legal Topics
Fraudulent Misrepresentation, Negligent Misrepresentation, Employment Contract Formation, Damages, Limitation, Disability Discrimination, Harassment, Set Off, Vicarious Liability
Employment Law Tort Law Contract Law Local Government Law Fraudulent Misrepresentation Negligent Misrepresentation Employment Contract Formation Damages +5 more

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Summary, issues, holding and outcome

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Parties

Cheltenham Borough Council

Claimant

Christine Susan Laird

Defendant

Procedural Posture

Civil (employment/misrepresentation) / Final Judgment

Legal Issues

  1. 1 Whether the employment contract was formed and on what terms
  2. 2 Whether Mrs Laird made false representations in her medical questionnaire
  3. 3 Whether any such representations were made fraudulently or negligently

Ratio Decidendi

The court found Mrs Laird's answers to the medical questionnaire were not false or misleading when construed as a reasonable layperson would understand them. Even if false, she honestly believed them to be true and was not negligent. No actionable misrepresentation was established. CBC's claim for damages failed. Mrs Laird's counterclaim for breach of duty by CBC also failed as no loss was proven.

Court Disposition

Claim dismissed

Orders

  • Claim by Cheltenham Borough Council dismissed in full
  • No damages awarded to either party