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Forum Home  →  Discussion  →  Work capability issues and ESA  →  Thread

Negligence claim by ESA claimant against ATOS fails in Court of Session

Ros
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editor, rightsnet.org.uk

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Joined: 6 June 2010

here’s a link to McGeadie v Bhateja & Anor -

http://www.bailii.org/scot/cases/ScotCS/2013/2013CSIH106.html

nevip
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Welfare rights adviser - Sefton Council, Liverpool

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It’s a fundamental principle of our law that any citizen can petition the courts in person in pursuit of a remedy but this particular case is highly illustrative of the need to get proper legal advice and be guided by that advice.  I sincerely hope that this was a case where the pursuer failed to do that rather than that he tried but it was unavailable to him, for whatever reason.  Still, when you consider some of the arguments pursued and the way that they were pursued, you can’t help laughing.

1964
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Deputy Manager, Reading Community Welfare Rights Unit

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Yes- I have to say I would have loved to have been a fly on the wall during the original assessment.