Nervous Shock CASES

October 5, 2025

National Case Law Archive

Law books in a law library

Wilkinson v Downton [1897] EWHC 1

A man falsely told a woman her husband was badly injured in a practical joke. She suffered severe nervous shock and physical illness as a result. The court found she had a valid claim, establishing that intentionally causing nervous shock that leads to physical harm is an actionable tort. Facts The defendant, Mr Downton, as a practical joke, told the plaintiff, Mrs Wilkinson, that her husband had been seriously injured in an accident. He informed her that her husband, Thomas Wilkinson, was lying at The Elms public-house in Leytonstone with both his legs broken and that she should go to

October 4, 2025

National Case Law Archive

Lady justice with law books

Taylor v A Novo (UK) [2013] EWCA Civ 194

A daughter witnessed her mother's sudden death at home, the result of an injury sustained in a work accident three weeks prior. Her claim for psychiatric injury as a secondary victim failed because she lacked proximity to the original accident. Facts The claimant’s mother, Mrs Taylor, was injured in an accident at her workplace on 19th August 2008, when a stack of racking boards fell on her. The defendant, her employer, admitted liability for this accident. Mrs Taylor sustained injuries to her head and foot but was discharged from hospital and appeared to be recovering. However, three weeks later, on

October 3, 2025

National Case Law Archive

Law books on a desk

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