释义 |
rule in Wilkinson v Downton The principle that where a defendant has wilfully committed an act or made a statement calculated to cause physical harm, and which does cause physical harm (including psychiatric injury), it is actionable. The tort requires actual intention to injure or a reckless disregard as to the consequences. This tort can be differentiated from trespass to the person as the cause of harm is indirect (Wainwright v Home Office [2003] UKHL 53, [2004] 2 AC 406; C v D [2006] EWHC 166 (QB)). |