Sanders, Astrid 
ORCID: 0009-0002-6685-3033
(2014)
Yapp v Foreign & Commonwealth Office [2014] EWCA Civ 1512.
Bath Publishing, Bath, UK.
Abstract
Appeal against findings of breach of contract and breach of the duty of care, and that, even if there were a breach, the claimant was not entitled to a sum for psychiatric injury. Appeal allowed in respect of the breach of duty of care. The claimant was appointed British High Commissioner in Belize. In 2008 he was withdrawn from that post on "operational" grounds with immediate effect and suspended pending investigation of allegations of misconduct. The Foreign and Commonwealth Office disciplinary procedures were implemented; some, though not all, of the allegations against him were found to have been established, and he received a written warning. His suspension was lifted but he had developed a depressive illness, and also had to undergo heart surgery, and he did not in fact receive any other appointment in the FCO until his retirement in 2011. In proceedings commenced by the claimant, the judge found that the withdrawal of the claimant from his post was both a breach of contract and a breach of the duty of care which the FCO owed him at common law and that the claimant was entitled in principle to recover for the depressive illness which he had developed and its consequences. The respondent appealed. The appeal was allowed in part. The court dismissed the FCO's appeal against the findings of breach of contract and causation but it allowed its appeal on the issue of remoteness of the claim for psychiatric injury. The judge should have held that the losses attributable to the claimant's psychiatric injury were not reasonably foreseeable and could not accordingly found a claim for breach of the common law duty of care. It followed that they were also too remote to be recoverable in his claim for breach of contract, where the test of remoteness is more favourable to defendants.
| Item Type: | Other |
|---|---|
| Official URL: | https://www.employmentcasesupdate.co.uk/ |
| Additional Information: | © 2019 Bath Publishing Limited |
| Divisions: | Law |
| Subjects: | K Law > K Law (General) |
| Date Deposited: | 30 Jul 2019 08:21 |
| Last Modified: | 12 Dec 2024 06:21 |
| URI: | http://eprints.lse.ac.uk/id/eprint/101246 |
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