McKie v Swindon College [2011] EWHC 469 (QB) (11 February 2011)

McKie v Swindon College [2011] EWHC 469 (QB) (11 February 2011)

Swindon College owed the claimant a duty of care in sending the email to the University of Bath; the email contained negligent misstatements unsupported by evidence, causing foreseeable economic loss; the relationship was sufficiently proximate and it was fair, just and reasonable to impose liability; causation was established as the email's content led to the claimant's dismissal.

Citation
[2011] EWHC 469
Parties
Claimant: Robert McKie; Defendant: Swindon College
Jurisdiction
England and Wales
Judgment Date
11 February 2011
Procedural Posture
Negligence Claim / Judgment After Trial
Outcome
Judgment for the claimant on liability
Legal Topics
Negligent Misstatement, Duty of Care, Economic Loss, References, Procedural Fairness
Tort Law Employment Law Negligent Misstatement Duty of Care Economic Loss References Procedural Fairness

Case Brief

Summary, issues, holding and outcome

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Parties

Robert McKie

Claimant

Swindon College

Defendant

Procedural Posture

Negligence Claim / Judgment After Trial

Legal Issues

  1. 1 Whether Swindon College owed a duty of care to the claimant in sending the email to the University of Bath
  2. 2 Whether the email constituted a negligent misstatement causing economic loss
  3. 3 Whether the relationship between Swindon College and the claimant was sufficiently proximate to impose a duty of care

Ratio Decidendi

Swindon College owed the claimant a duty of care in sending the email to the University of Bath; the email contained negligent misstatements unsupported by evidence, causing foreseeable economic loss; the relationship was sufficiently proximate and it was fair, just and reasonable to impose liability; causation was established as the email's content led to the claimant's dismissal.

Court Disposition

Judgment for the claimant on liability

Orders

  • Swindon College found liable for negligent misstatement causing economic loss to the claimant