Stevenson v. East Dunbartonshire Council [2002] ScotCS 306 (29 November 2002)

Stevenson v. East Dunbartonshire Council [2002] ScotCS 306 (29 November 2002)

The pleadings, when read in the context of the letters from the pursuer's general practitioner, meetings with personnel, and the defenders' knowledge of the pursuer's working conditions, are sufficient to allow the case to proceed to proof on the issue of foreseeability of psychiatric injury.

Citation
[2002] ScotCS 306
Parties
Pursuer: John Stevenson; Defenders: East Dunbartonshire Council
Jurisdiction
Scotland
Judgment Date
29 November 2002
Procedural Posture
Civil Damages for Psychiatric Injury / Procedure Roll Assessment of Relevancy of Pleadings
Outcome
Case appointed to proof before answer; defenders' first plea-in-law repelled.
Legal Topics
Employer's Duty of Care, Foreseeability of Psychiatric Injury, Workplace Stress, Damages for Psychiatric Illness
Employment Law Personal Injury Employer's Duty of Care Foreseeability of Psychiatric Injury Workplace Stress Damages for Psychiatric Illness

Case Brief

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Parties

John Stevenson

Pursuer

East Dunbartonshire Council

Defenders

Procedural Posture

Civil Damages for Psychiatric Injury / Procedure Roll Assessment of Relevancy of Pleadings

Legal Issues

  1. 1 Whether the pursuer's pleadings disclose a relevant case that psychiatric injury was a foreseeable consequence of his working conditions
  2. 2 Whether the defenders had sufficient notice of the risk of psychiatric injury

Ratio Decidendi

The pleadings, when read in the context of the letters from the pursuer's general practitioner, meetings with personnel, and the defenders' knowledge of the pursuer's working conditions, are sufficient to allow the case to proceed to proof on the issue of foreseeability of psychiatric injury.

Court Disposition

Case appointed to proof before answer; defenders' first plea-in-law repelled.

Orders

  • Appoint proof before answer.
  • Repel first plea-in-law for defenders.