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01 April 2020 / Mark Pawlowski
Issue: 7881 / Categories: Features , Profession , Criminal
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Law stories: Practical jokers beware

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Mark Pawlowski examines the tortious liability of practical jokers in the context of both English & Commonwealth case law

There are three elements to the so-called rule in Wilkinson v Downton [1897] 2 QB 57, [1895-99] All ER Rep 267: (i) a conduct element; (ii) a mental element; and (iii) a consequence element. The first requires that words or conduct are directed to the claimant for which there is no justification or excuse. Second, the defendant must actually intend to cause psychiatric harm, severe mental or emotional distress to the claimant. Third, the necessary consequence of liability must be physical harm or recognised psychiatric illness: see Rhodes v OPO [2015] UKSC 32, [2015] 4 All ER 1 and Wainwright v Home Office [2003] UKHL 53, [2003] 4 All ER 969.

In Wilkinson itself, the defendant, by way of a practical joke, informed the claimant that her husband had been injured in an accident and was lying at the Elms, public house, in Leytonstone with both legs broken, and that

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MOVERS & SHAKERS

Slater Heelis—Charlotte Beck

Slater Heelis—Charlotte Beck

Partner and Manchester office lead appointed head of family

Civil Justice Council—Nigel Teasdale

Civil Justice Council—Nigel Teasdale

DWF insurance services director appointed to Civil Justice Council

R3—Jodie Wildridge

R3—Jodie Wildridge

Kings Chambers barrister appointed chair of R3 Yorkshire

NEWS

The abolition of assured shorthold tenancies and section 21 evictions marks the beginning of a ‘brave new world’ for England’s rental sector, writes Daniel Bacon of Seddons GSC

Stephen Gold’s latest Civil Way column rounds up a flurry of procedural and regulatory changes reshaping housing, alternative dispute resolution (ADR) and personal injury litigation
Patients are being systematically failed by an NHS complaints regime that is opaque, poorly enforced and often stacked against them, argues Charles Davey of The Barrister Group
A wealthy Russian divorce battle has produced a sharp warning about trying to challenge foreign nuptial agreements in the wrong English court. Writing in NLJ this week, Vanessa Friend and Robert Jackson of Hodge Jones & Allen examine Timokhin v Timokhina, where the High Court enforced Russian judgments arising from a prenuptial agreement despite arguments based on the landmark Radmacher decision
An obscure Victorian tort may be heading for an unexpected revival after a significant Privy Council ruling that could reshape liability for dangerous escapes, according to Richard Buckley, barrister and emeritus professor of law at the University of Reading
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