October 3, 2025
Reilly v Merseyside HA [1994] EWCA Civ 30
An elderly couple were trapped in a faulty hospital lift for over an hour, causing them distress but no physical injury or recognised psychiatric illness. The court held that damages for mere mental distress, such as fear and anxiety, are not recoverable in negligence. Facts The plaintiffs, Mr and Mrs Reilly, aged 61 and 72 respectively, went to visit their prematurely born grandchild at the Women’s Hospital in Liverpool, which was managed by the defendant, Merseyside Regional Health Authority. While in a hospital lift, it malfunctioned, trapping them for one hour and twenty minutes. Mr Reilly suffered from angina and
