The appellants challenged the refusal of their claims for stigma damages following the collapse of their former employer.
Held: If a relevant breach of contract is established, and causation, remoteness and mitigation are satisfied, recovery of financial loss in respect of damage to reputation in employment cases is not excluded. Nevertheless, it will be difficult to prove. The claim was the same whether in tort or in contract. The judge had excluded certain evidence as to the damages suffered. The onus of proving causation lies on the plaintiff. The particular claimants in this case had failed to establish their case. It was not necessary to call similar the evidence sought to be admitted. To require it would exclude many proper claims.
Judges:
Lord Justice Pill, Lord Justice Robert Walker, And, Lord Justice Jonathan Parker
Citations:
[2002] EWCA Civ 82, [2002] 3 All ER 750, [2002] ICR 1258, [2002] IRLR 460, [2002] Emp LR 406, A3/2001/9016/CHANF
Links:
Jurisdiction:
England and Wales
Citing:
Cited – Malik v Bank of Credit and Commerce International (BCCI); Mahmud v Bank of Credit and Commerce International HL 12-Jun-1997
Allowance of Stigma Damages
The employees claimed damages, saying that the way in which their employer had behaved during their employment had led to continuing losses, ‘stigma damages’ after the termination.
Held: It is an implied term of any contract of employment that . .
Cited – Robinson v Harman 18-Jan-1848
Damages for breach of contract should compensate the victim of the breach for the loss of his contractual bargain. Baron Parke said: ‘The next question is: What damages is the plaintiff entitled to recover? The rule of the common law is, that where . .
Lists of cited by and citing cases may be incomplete.
Damages, Employment, Contract, Torts – Other
Updated: 05 June 2022; Ref: scu.167559