Page v Smith (1995) 2 All ER 736

Full Case Details

Facts

The plaintiff, Mr Page, was involved in a minor car accident, and was physically unhurt in the collision. However the crash did result in a recurrence of myalgic encephalomyelitis (chronic fatigue syndrome) from which he had suffered for 20 years but was then in remission.

The defendant admitted that he had been negligent, but said he was not liable for the psychiatric damage as it was unforeseeable and therefore not recoverable as a head of damage.

Principles

JudgementPage was primary victim - and it need not to be shown that nervous shock to be foreseeable consequences - only have to show personal injury was a foreseeable consequence

• Could the defendant reasonably foresee that his conduct would expose the plaintiff to the risk of personal injury, psychological or physical?
• Ín Rothwell V. Chemical & insulating Co

A mere endangerment resulting in worry which later turns into psychiatric illness does not suffice