Yapp v Foreign and Commonwealth Office

Yapp v Foreign and Commonwealth Office

The FCO breached its contractual duty of fair treatment by withdrawing Yapp from his post without adequate investigation or an opportunity to respond. However, damages for psychiatric injury were not recoverable as such injury was not reasonably foreseeable in the absence of evidence of particular vulnerability. The award of interest on damages pending appeal was proper.

Parties
Respondent: Yapp; Appellant: Foreign and Commonwealth Office
Jurisdiction
England and Wales
Judgment Date
21 November 2014
Procedural Posture
Civil Appeal / Court of Appeal Judgment on Appeal From High Court
Outcome
Appeal allowed in part; findings of breach of contract and causation upheld; claim for psychiatric injury dismissed as too remote; interest award upheld; quantum remitted to High Court if not agreed.
Legal Topics
Breach of Contract, Duty of Care, Implied Term of Mutual Trust and Confidence, Damages for Psychiatric Injury, Remoteness of Damage, Disciplinary Procedures, Operational Withdrawal, Interest on Damages
Employment Law Contract Law Tort Law Breach of Contract Duty of Care Implied Term of Mutual Trust and Confidence Damages for Psychiatric Injury Remoteness of Damage +3 more

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Parties

Yapp

Respondent

Foreign and Commonwealth Office

Appellant

Procedural Posture

Civil Appeal / Court of Appeal Judgment on Appeal From High Court

Legal Issues

  1. 1 Whether the withdrawal of the respondent from his post was a breach of contract and/or breach of duty of care
  2. 2 Whether damages for psychiatric injury were recoverable for such breach
  3. 3 Whether the disciplinary process was conducted fairly

Ratio Decidendi

The FCO breached its contractual duty of fair treatment by withdrawing Yapp from his post without adequate investigation or an opportunity to respond. However, damages for psychiatric injury were not recoverable as such injury was not reasonably foreseeable in the absence of evidence of particular vulnerability. The award of interest on damages pending appeal was proper.

Court Disposition

Appeal allowed in part; findings of breach of contract and causation upheld; claim for psychiatric injury dismissed as too remote; interest award upheld; quantum remitted to High Court if not agreed.

Orders

  • FCO's appeal on breach of contract and causation dismissed
  • FCO's appeal on remoteness of psychiatric injury allowed; such damages not recoverable