Catleugh (AP) v Caradon Everest Ltd [1999] ScotCS 224 (23 September 1999)

Catleugh (AP) v Caradon Everest Ltd [1999] ScotCS 224 (23 September 1999)

The pursuer's pleadings are fundamentally irrelevant due to lack of explanation regarding obligation to accept all work and absence of clarity on contractual or other basis for alleged servile existence.

Citation
[1999] ScotCS 224
Parties
Pursuer: John Catleugh (AP); Defenders: Caradon Everest Limited
Jurisdiction
Scotland
Judgment Date
23 September 1999
Procedural Posture
Personal Injury Action / Relevancy Hearing, Outer House, Court of Session
Outcome
Action dismissed
Legal Topics
Workplace Stress, Psychiatric Injury, Vicarious Liability, Contractual Relationship
Employment Law Personal Injury Workplace Stress Psychiatric Injury Vicarious Liability Contractual Relationship

Case Brief

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Parties

John Catleugh (AP)

Pursuer

Caradon Everest Limited

Defenders

Procedural Posture

Personal Injury Action / Relevancy Hearing, Outer House, Court of Session

Legal Issues

  1. 1 Whether pursuer's pleadings disclose a relevant case for damages due to psychiatric illness allegedly caused by workplace stress
  2. 2 Whether the pursuer was obliged to accept all work given and whether this was contractually or otherwise established
  3. 3 Whether the pursuer averred a recognised psychiatric illness

Ratio Decidendi

The pursuer's pleadings are fundamentally irrelevant due to lack of explanation regarding obligation to accept all work and absence of clarity on contractual or other basis for alleged servile existence.

Court Disposition

Action dismissed

Orders

  • Defenders' first plea-in-law upheld
  • Action dismissed