![]() ![]() In addition, the High Court said that the relevant matters would have to be "wilfully", meaning deliberately or at least recklessly, withheld. If more than one meaning could be given to a particular question, an answer addressing any of those meanings should be found to be true. The medical questionnaire should be construed through the eyes of a reasonable person in Mrs Laird's position as a lay person rather than a medical professional. It said that, even if the answers were false, they were not made fraudulently or negligently. ![]() The High Court rejected Cheltenham Borough Council's claim for fraudulent or negligent misrepresentation. When it later emerged that Mrs Laird had a history of depression dating back to 1997, Cheltenham Borough Council brought a claim for fraudulent or negligent misrepresentation on the grounds that she had concealed her medical history during the selection process. She was off sick from June 2004 and her employment ended in 2005. Have you any ongoing condition that would affect your employment? She answered "No - nb I get occasional migraine but this does not affect my ability to work or usually require time off from work".Īfter Mrs Laird's appointment, she had a series of disputes while working at the council, particularly with council leader Mr McKinlay.Do you have either a physical and/or mental impairment? She answered "No". ![]()
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