Rhodes v OPO

The tort in Wilkinson v Downton requires conduct directed at the claimant, without justification, with an intention to cause physical or psychiatric harm or severe distress, and the publication of a memoir was justified.

Citation
[2015] UKSC 32, [2016] AC 219
Court
Supreme Court
Year
2015
Subject
Tort Law
Topic
Trespass to the person

Facts

James Rhodes, a concert pianist, wrote a memoir describing in graphic detail the sexual abuse he had suffered as a child, and its effects on him, including self harm. His former wife sought an injunction to prevent publication, on behalf of their son, who had psychological difficulties, arguing that reading the book would cause the son psychiatric harm, under the tort in Wilkinson v Downton.

Legal principle

The Supreme Court held that the injunction should be discharged. Lady Hale and Lord Toulson said that the tort has three elements: conduct directed towards the claimant, for which there is no justification or reasonable excuse; an intention to cause physical harm or severe mental or emotional distress; and resulting physical or recognised psychiatric harm. The book was not directed at the son, and there was every justification for publishing it, because the author had the right to tell his story to the world, and the public had an interest in hearing it. Recklessness was not enough for the mental element.

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This summary is for study and revision and is not legal advice. Although our case summaries are checked for accuracy, we do not guarantee that they are free from errors or omissions. Always read the full judgment for the court's reasoning.

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