Wilkinson v Downton/PHA 1997

Question 1

When is the tort of Wilkinson v Downton used?

Answer 1

when C tells D false information resulting in a physical or psychological reaction

Question 2

Wilkinson v Downton:

Answer 2

Facts: C suffered severe psychological and physical reactions after D falsely told C that her husband had been involved in an accident and was seriously injured. D claimed it was a practical joke. Liable.

“The defendant has … wilfully done an act calculated to cause physical harm to the plaintiff…and has caused physical harm to her.”

Question 3

Elements to Downton:

Answer 3

1) Conduct element: words or conduct directed towards the claimant for which there is no reasonable excuse
2) A mental element (level of intent): D must at a minimum intend to cause “severe distress which in fact results in recognisable illness”
3) A consequence element = physical harm or recognised psychiatric illness required

Question 4

Rhodes v OPO

Answer 4

confirmed D must have intended to cause physical harm or severe mental or emotional distress, recklessness is not sufficient

Case where father published a book detailing sexual abuse, mother bought a claim on behalf of the son and the harm it could cause

Question 5

Critical analysis

Answer 5

This has no place in modern law

It should fall into negligence

Question 6

Majrowski v Guy’s and St Thomas’ NHS Trust (PHA)

Answer 6

• Conduct must be “[…] oppressive and unacceptable [and] cross the boundary from the regrettable to the unacceptable

Question 7

Law Society v Kordowski

Answer 7

The further incidents apart and the less frequent they are, the less likely it will be ‘course of conduct’

Question 8

Why was the Protection From Harassment Act introduced?

Answer 8

Response to increased concern about stalking