McRitchie v. Scottish Ministers [2004] ScotSC 49 (21 July 2004)

McRitchie v. Scottish Ministers [2004] ScotSC 49 (21 July 2004)

The pursuer's pleadings, though confused and lacking in clarity, are just sufficient to entitle her to inquiry by way of proof before answer into the averments not excluded from probation. The employer's duty of care in relation to psychiatric injury depends on reasonable foreseeability in the individual employee, and the pleadings provide just enough to allow the case to proceed. However, averments seeking to found civil liability on breach of the Management of Health and Safety at Work Regulations 1992 are irrelevant and excluded from probation.

Citation
[2004] ScotSC 49
Parties
Pursuer and Respondent: Helen McRitchie; Defenders and Appellants: The Scottish Ministers
Jurisdiction
Scotland
Judgment Date
21 July 2004
Procedural Posture
Appeal (sheriff Principal) / Interlocutory Appeal on Relevancy and Specification, Prior to Proof Before Answer
Outcome
Interlocutor of 7 July 2004 recalled; proof before answer allowed on specified averments; certain averments excluded from probation; expenses reserved; hearing on expenses appointed.
Legal Topics
Employer's Duty of Care, Psychiatric Injury at Work, Foreseeability of Harm, Specification of Pleadings, Management of Health and Safety at Work Regulations 1992
Employment Law Personal Injury Tort/delict Employer's Duty of Care Psychiatric Injury at Work Foreseeability of Harm Specification of Pleadings Management of Health and Safety at Work Regulations 1992

Case Brief

Summary, issues, holding and outcome

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Parties

Helen McRitchie

Pursuer and Respondent

The Scottish Ministers

Defenders and Appellants

Procedural Posture

Appeal (sheriff Principal) / Interlocutory Appeal on Relevancy and Specification, Prior to Proof Before Answer

Legal Issues

  1. 1 Whether the pursuer's pleadings are sufficiently relevant and specific to entitle her to proof before answer in a claim for psychiatric injury caused by work-related stress
  2. 2 Whether the employer (SPS/Scottish Ministers) owed and breached a duty of care to the pursuer in relation to foreseeable psychiatric injury
  3. 3 Whether breach of the Management of Health and Safety at Work Regulations 1992 can found civil liability or is relevant to the standard of care

Ratio Decidendi

The pursuer's pleadings, though confused and lacking in clarity, are just sufficient to entitle her to inquiry by way of proof before answer into the averments not excluded from probation. The employer's duty of care in relation to psychiatric injury depends on reasonable foreseeability in the individual employee, and the pleadings provide just enough to allow the case to proceed. However, averments seeking to found civil liability on breach of the Management of Health and Safety at Work Regulations 1992 are irrelevant and excluded from probation.

Court Disposition

Interlocutor of 7 July 2004 recalled; proof before answer allowed on specified averments; certain averments excluded from probation; expenses reserved; hearing on expenses appointed.

Orders

  • Closed record opened up and amended as specified.
  • Specified averments excluded from probation.