Estoppel In Personal Injury Practice

• Published date: 23 September 2022
• Law Firm: 1 Chancery Lane
• Author: Mr Maurice Rifat

Lawler v Co-Operative Group Limited [2022] Liverpool County Court

In a recent appeal it was confirmed that where the Defendant has, in Employment Tribunal proceedings, made written and oral submissions that the Claimant was free to pursue her claim for personal injury in the County Court, an estoppel arises to prevent the Defendant relying on the rule in Henderson v Henderson and striking out the subsequent County Court proceedings.

The Claimant was a regional manager in the Defendant's employment. She brought a claim against the Defendant in the Employment Tribunal for bullying and harassment, which was heard in July and August 2018. Although some aspects of her claim were dismissed, the ET upheld six findings of harassment.

Following Judgment and before the remedies hearing the Claimant was examined by a jointly instructed psychiatrist and was diagnosed with PTSD. This was first time such diagnosis had been made.

Thereafter an application was made to amend the tribunal proceedings to include a claim for personal injury, increasing the value of her claim to over '1.6 million. The application was heard on the morning of the remedies hearing.

In response to the application the Defendant submitted that there would be little or no prejudice if the application was dismissed as the Claimant was "free to pursue her claim (if so advised) through the Civil Courts", and further they stated "if the...