BAE Systems (Operations) Ltd v Konczak [2017] EWCA Civ 1188

Dishonesty: Truth, lies, exaggeration and the judicial crucible

Liam Ryan reviews the recent decision of Fletcher v Keatley and how a court should, and can, approach a claim for psychiatric injury where a claimant has been found to have purposefully exaggerated their symptoms ‘A judge doesn’t need to be bound unequivocally to one party’s expert evidence (although it will always be persuasive) and …

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Case Report: BAE Systems (Operations) Ltd v Konczak [2017] EWCA Civ 1188

Apportionment of liability; psychiatric injury; pre-existing illness ‘The tone of Underhill LJ’s judgment is that it will be difficult to convince a court that apportionment is not going to be possible.’ This case revisits the vexed question of divisibility of psychiatric (and other) injury. It is an employment case of wide importance and application. The …

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Case Report: Marsh v Ministry of Justice [2017] EWHC 1040 (QB) (Part 2)

Costs, discount rate, alternative dispute resolution ‘A party who makes serious allegations of misconduct runs a significant risk of being subjected to indemnity costs if they prove unsuccessful.’ In part one, we reported on the judgment for this case, where the Ministry of Justice was found to be liable for a stress-at-work claim. We will …

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