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Damages: Damages claim for manner of suspension and investigation prior to dismissal allowed to proceed

This report relates to 1 case(s)

Key points

  • In McCabe v Cornwall County Council and another 19.12.02 Court of Appeal, the Court of Appeal allows an appeal against an order of the High Court that an original claim for damages for psychiatric injury, resulting from events leading up to and flowing from the claimant's dismissal, could not be substituted by a new claim limited in concern to events prior to dismissal.
  • Such claims (for breach of the implied term of mutual trust and confidence and/or negligence in the manner of investigation of the claimant's conduct) can proceed because existing authority only denies a cause of action in cases where the conduct complained of relates to the act of dismissal itself, or the circumstances immediately surrounding it.