Mather v British Telecommunications Plc [2000] ScotCS 141 (30 May 2000)

Mather v British Telecommunications Plc [2000] ScotCS 141 (30 May 2000)

The court held that the pursuer's case, as pled, alleges a continuing course of conduct by the defenders up to the end of her employment, and thus cannot be dismissed as time-barred at this stage. The pleadings disclose sufficient averments of duty, breach, foreseeability, and recognised psychiatric injury to warrant inquiry. The defenders' preliminary pleas are reserved, and a proof before answer is allowed.

Citation
[2000] ScotCS 141
Parties
Pursuer: Miss Penny Ann Mather; Defenders: British Telecommunications Plc
Jurisdiction
Scotland
Judgment Date
30 May 2000
Procedural Posture
Personal Injury Action (damages for Psychiatric Injury) / Procedure Roll Hearing (preliminary Pleas on Time Bar and Relevancy)
Outcome
Proof before answer allowed; defenders' preliminary pleas reserved.
Legal Topics
Workplace Stress, Psychiatric Injury, Employer's Duty of Care, Limitation of Actions, Vicarious Liability
Employment Law Personal Injury Tort/delict Workplace Stress Psychiatric Injury Employer's Duty of Care Limitation of Actions Vicarious Liability

Case Brief

Summary, issues, holding and outcome

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Parties

Miss Penny Ann Mather

Pursuer

British Telecommunications Plc

Defenders

Procedural Posture

Personal Injury Action (damages for Psychiatric Injury) / Procedure Roll Hearing (preliminary Pleas on Time Bar and Relevancy)

Legal Issues

  1. 1 Whether the pursuer's claim is time-barred under section 17 of the Prescription and Limitation (Scotland) Act 1973
  2. 2 Whether the pursuer's pleadings disclose a relevant case of employer's liability for psychiatric injury caused by workplace stress
  3. 3 Whether the defenders owed and breached a duty of care to the pursuer resulting in recognised psychiatric illness

Ratio Decidendi

The court held that the pursuer's case, as pled, alleges a continuing course of conduct by the defenders up to the end of her employment, and thus cannot be dismissed as time-barred at this stage. The pleadings disclose sufficient averments of duty, breach, foreseeability, and recognised psychiatric injury to warrant inquiry. The defenders' preliminary pleas are reserved, and a proof before answer is allowed.

Court Disposition

Proof before answer allowed; defenders' preliminary pleas reserved.

Orders

  • Allow proof before answer on all issues, including time-bar and relevancy.
  • Reserve all preliminary pleas, including time-bar, for determination after inquiry.