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OCCUPATIONAL STRESS: High Court takes robust approach to foreseeability

03 July 2015  

Simon Fenton discusses the latest in a line of cases on employers’ duty to protect workers from mental injury

If someone wants to claim personal injury compensation, they have to prove three things: a duty of care, breach of that duty and loss. Overlaying this is the concept of foreseeability, which is that a ‘reasonable’ person would say it’s pretty obvious that a breach of a particular duty would result in loss to someone. An example might be that it is reasonably foreseeable that failure to provide proper safety equipment for scaffolders is likely to result in injury to one of those workers or the public.

Additional Info

  • Case(s) Referenced:

    Barber v Somerset County Council [2004] UKHL 13

    Easton v B&Q plc [2015] EWHC 880

    Sutherland v Hatton [2002] EWCA Civ 76

    Walker v Northumberland County Council [1995] EWHC QB 2