The rule in Wilkinson v Downton

Question 1

What happened in the Wilkinson v Downton?

Answer 1

Defendant was a regular customer at the claimants pub and falsely told her that her husband had been in accident and broke both his legs. The claimant suffered nervous shock and was physically ill

The courts held a tort had been committed and stated where the defendant intentionally or recklessly makes a statement causing harm to another is liable.

Question 2

What happened in the case of Javier v Sweeney (1919)

Answer 2

Private detective pretended to be a police officer and threatened the claimant telling her she was in danger of arrest for associating with a German spy who was her fiancée. She suffered psychiatric harm as a result

Courts held the defendant was liable due to the rules laid down in Wilkinson v Downton

Question 3

What happened in the case of Wainwright v Home Office (2003)?

Answer 3

Mother and son visited a prison and had to go through the process of being searchjed and were subjected to an unessicarily embarrasing strip search. The son had learning difficulties and was diagnosed with PTSD as a result of the ordeal

The court held this was sufficient injury for the purposes of the rule in Wilkinson v Downton. However they refused a remedy as it must be an obvious consequence of a deliberate act