Judgment Rhodes v OPO

1 judgment

1.1 high court
1.2 court of appeal
1.3 supreme court

judgment
high court

the application interim injunction dismissed bean j in july 2014 on basis action in tort under wilkinson v downton [1897] ewhc 1 (qb) did not extend beyond false or threatening words.

court of appeal

arden, jackson , mcfarlane llj granted interim injunction on grounds liability under wilkinson v downton can arise if statement true. jackson lj held rule statement must unjustified , defendant intends cause or reckless causing physical or psychiatric injury claimant.

supreme court

the supreme court held tort under wilkinson v downton consists of 3 elements:

the conduct element requires words or conduct directed towards claimant there no justification or reasonable excuse, , burden of proof on claimant. in present case court placed great emphasis on freedom of speech , held freedom report truth basic right law gives high level of protection.

the mental element meanwhile requires intention cause physical harm or severe mental or emotional distress . overruled court of appeal judgment held recklessness sufficient. held rhodes did not intend cause psychiatric harm or severe mental or emotional distress son.

the consequence element requires evidence of physical harm or recognised psychiatric illness not relevant in case.

the court decided appeal should allowed , instrumental james rhodes published canongate books e-book on 25 may 2015 , hardback edition published on 28 may 2015.

classical pianist james rhodes