McDonald Or Cross & Anor v Highlands & Islands Enterprise & Anor [2000] ScotCS 307 (5 December 2000)

McDonald Or Cross & Anor v Highlands & Islands Enterprise & Anor [2000] ScotCS 307 (5 December 2000)

The court found that the pursuers failed to prove that the defenders were negligent or in breach of statutory duty. The evidence did not establish that the demands of the job or the resources provided were unreasonable or that the defenders failed to take reasonable steps to prevent psychiatric injury. The court was...

Source-derived case information.

Citation
[2000] ScotCS 307
Parties
Pursuer: Marie Flora McDonald or Cross; Pursuer (minor, Represented by Guardian): Rona Cross; Pursuer (minor, Represented by Guardian): Joanne Cross; Pursuer: Francis Cross; Defender: Highlands and Islands Enterprise; Defender: Western Isles Local Enterprise Company
Jurisdiction
Scotland
Judgment Date
05 December 2000
Procedural Posture
Civil Damages (employer's Liability) / Judgment After Proof (trial)
Outcome
Action dismissed
Legal Topics
Employer's Liability for Psychiatric Injury, Negligence, Breach of Statutory Duty, Workplace Stress, Duty of Care, Causation of Suicide
Employment Law Tort Law Personal Injury Employer's Liability for Psychiatric Injury Negligence Breach of Statutory Duty Workplace Stress Duty of Care +1 more

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Parties

Marie Flora McDonald or Cross

Pursuer

Rona Cross

Pursuer (minor, Represented by Guardian)

Joanne Cross

Pursuer (minor, Represented by Guardian)

Francis Cross

Pursuer

Highlands and Islands Enterprise

Defender

Western Isles Local Enterprise Company

Defender

Procedural Posture

Civil Damages (employer's Liability) / Judgment After Proof (trial)

Legal Issues

  1. 1 Whether the defenders were negligent at common law in subjecting James Cross to workplace stress leading to his suicide
  2. 2 Whether the defenders were in breach of statutory duty regarding workplace health and safety
  3. 3 Whether workplace stress was the cause of James Cross's depression and suicide

Ratio Decidendi

The court found that the pursuers failed to prove that the defenders were negligent or in breach of statutory duty. The evidence did not establish that the demands of the job or the resources provided were unreasonable or that the defenders failed to take reasonable steps to prevent psychiatric injury. The court was not satisfied that workplace stress was the material cause of James Cross's depression and suicide. Accordingly, liability was not established.

Court Disposition

Action dismissed