Mulheron, ‘Modernising the tort of Wilkinson v Downton’

INTRODUCTION
The thesis of this article is that the time has come whereby the tort in Wilkinson v Downton, promulgated by Wright J in 1897 and judicially tweaked since, should be reformed in English law – whether judicially or statutorily – to constitute the following cause of action (Revised Wilkinson Tort): ‘The intentional infliction upon C of physical (bodily) injury, or serious emotional distress, which is caused by D’s statements directed to C’. Presently, the tort (Current Wilkinson Tort) stands for the following cause of action …

€ (Westlaw)

Rachel Mulheron, ‘Modernising the tort of Wilkinson v Downton’, [2023] Journal of Personal Injury Law (1) 13-35.

Leave a Reply