Lawyers who choose to work in high-pressure City offices cannot be blamed if they suffer stress and should be properly supervised by their partners, a landmark House of Lords case suggested last week.

In Barber v Somerset County Council, the Law Lords overturned a Court of Appeal decision and found the council liable for the work-related mental breakdown of a teacher.

But the only dissenting judge, Lord Scott of Foscote, said that stressful jobs - such as teaching and being a City lawyer - bring their own risks.

He said teachers' workloads place them under 'considerable continuous pressure apt to cause stress and sometimes depression', and the same could be said of 'employed lawyers working in busy City firms'.

Lord Scott added: 'Pressure and stress are part of the system of work under which they carry out their daily duties.

But they are all adults.

They choose their profession.

They can, and sometimes do, complain about it to their employers.'

Simon Allen, a partner in the employment department of London firm Russell Jones & Walker, said: 'Before the House of Lords' judgement partners would not be obliged to do something about stress among employees.

But by inference - now that no lawyer is immune - there is an obligation on partners in those firms where lawyers work in very stressful conditions.'

He added: 'City law firms cannot just say solicitors have to look after themselves.

At the big City firms, if solicitors arrive tired and unshaven for a number of days then partners have to keep an eye on them.'

Simon Auerbach, a partner at London firm Pattinson & Brewer, said: 'It has to be approached with some caution...

the decision should not be seen as a radical departure from the principles of law - and every case continues to turn on its own facts.'

More than half of calls - 58% - made during 2003 to the helpline offered by lawyers' support group LawCare were about stress or depression (see [2004] Gazette, 1 April, 4).

Some 14% of calls related to bullying at work.

LawCare helpline: 0800 279 6888.

See Editorial, [2004] Gazette, 8 April, page 12

Jeremy Fleming