Wilkinson V Downton - Opinion of The Court

Opinion of The Court

Mr Justice Wright held that Mrs. Wilkinson had a valid claim for the intentional infliction of mental shock, and awarded her £100. Mrs. Wilkinson was entitled to a small claim for 1s 10½d for the cost of railway fares of persons sent by the plaintiff to Leytonstone in obedience to the false statement. As to this 1s 10½d expended in railway fares on the faith of the defendant's statement, the statement was a misrepresentation intended to be acted on to the damage of the plaintiff.

Furthermore, Wright J observed that since there was no physical touching there could be no grounds for a claim in battery, and as Mrs. Wilkinson did not apprehend any immediate physical violence, no claim would lie in common law assault. He gave three requirements for an action in mental shock. First, there must be conduct that is outrageous or extreme. Second, there must be actual or constructive intent to cause psychological harm. Third, the victim must suffer from actual harm resulting from the defendant's conduct.