Robert McAllister represents Claimant in securing damages following assault at work

6 Feb, 2019

In November 2012 Mr Wynne was pushed through a window by a colleague at work following a dispute over a routine instruction. He suffered only minor physical injuries but developed psychiatric injuries.

The case was argued at a 4 day trial in January 2019. Key issues were the disputed facts of the incident and whether it amounted to a battery in circumstances where there were cross-allegations against the Claimant. There was also a key dispute between respective expert consultant psychiatrists at trial as to whether the Claimant developed PTSD and depression as a result of the shock of the incident or whether less serious psychiatric injuries developed not due to the assault but as a reaction to how he perceived that he was treated by his employer. The Claimant was ultimately successful on there having been a trespass to the person and that the PTSD/depression resulted from it.

The Defendant made few concessions throughout the protracted litigation, but the following exchange of skeleton arguments it did accept the Claimant's argument that contributory fault could not apply to an intentional tort and that it was vicariously liable for any proven assault.

Damages were awarded for physical and psychiatric injuries and for loss of earnings up until medical retirement.

Robert McAllister acted for Paul Wynne v MOD and instructed by Tracey Benson from Slater & Gordon.


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