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Channel Islands Co-op wins appeal overturning £600,000 payout ruling, court reverses previous decision in a significant legal victory for the cooperative.
The Channel Islands Co-operative Society successfully appealed a ruling that would have required it to pay its former chief executive, Colin MacLeod, £600,000 after he claimed unfair treatment left him with a psychiatric injury.
Judges accepted that some directors ran an unfair and inappropriate campaign against MacLeod, including secret meetings without records, failure to raise concerns through formal channels and targeted expenses audits. The Royal Court’s earlier finding of liability was overturned when the appeal court concluded it was not reasonably foreseeable that MacLeod would sustain psychiatric harm.
The court acknowledged a “deliberate campaign” to remove MacLeod and found the conduct of three directors amounted to bad faith, but said MacLeod was a strong personality with no known pre-existing vulnerability to psychiatric injury. While his distress, anger and upset were considered foreseeable, the judges ruled the threshold for psychiatric harm was not met, reversing the earlier £600,000 award.
The appellate judges distinguished between misconduct by directors and legal responsibility for psychiatric injury, noting factual findings of secret meetings and targeted audits but concluding those actions did not make psychiatric harm reasonably foreseeable for this individual.