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Proof allowed in former fiscal's work-stress damages claim

A former senior procurator fiscal depute who is suing the Lord Advocate on allegations that “work-related stress” and work overload induced her to quit her job, has been allowed proof in action and granted a full hearing of her claim - seeking £1.3 million in compensation for loss of earnings.

Temporary Judge Robert Weir QC in the Court of Session has rejected arguments by the defender - the Lord Advocate James Wolffe QC - to have Ms Laura Malone’s action dismissed as “irrelevant” after ruling that the pursuer’s claim was “sufficient” to allow proof before answer, despite her pleadings not being “a model of clarity”.

Ms Malone has raised a damages action against Scotland’s top law officer for “psychiatric injury”. This is based on the alleged “fault and negligence” of the COPFS over the conditions of her employment as a member of the service between May 2010 and February 2013, which she claims led her to contract a depressive disorder.

Ms Malone alleges she was forced to leave her role at the COPFS after twenty years of services when her place of work ignored her complaints and requests for help to address her working conditions. The Lord Advocate denies the claims.

Click to read the Judge’s opinion in full here.

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