Boumedien v Delta Display Ltd [2008] EWCA Civ 368 (03 April 2008)

Boumedien v Delta Display Ltd [2008] EWCA Civ 368 (03 April 2008)

Permission to appeal is granted on the ground that the judge may not have properly applied the test of reasonable foreseeability of personal injury as set out in Page v Smith, focusing only on the risk of physical injury in paragraph 28 of his judgment.

Citation
[2008] EWCA Civ 368
Parties
Respondent/claimant: Boumedien; Applicant/defendant: Delta Display Ltd
Jurisdiction
England and Wales
Judgment Date
03 April 2008
Procedural Posture
Civil Appeal / Renewed Application for Permission to Appeal
Outcome
Permission to appeal granted
Legal Topics
Psychiatric Injury, Duty of Care, Primary Victim, Foreseeability, Negligence
Tort Law Psychiatric Injury Duty of Care Primary Victim Foreseeability Negligence

Case Brief

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Parties

Boumedien

Respondent/claimant

Delta Display Ltd

Applicant/defendant

Procedural Posture

Civil Appeal / Renewed Application for Permission to Appeal

Legal Issues

  1. 1 Whether the claimant was a primary or secondary victim
  2. 2 Whether the claimant was within the range of foreseeable physical injury

Ratio Decidendi

Permission to appeal is granted on the ground that the judge may not have properly applied the test of reasonable foreseeability of personal injury as set out in Page v Smith, focusing only on the risk of physical injury in paragraph 28 of his judgment.

Court Disposition

Permission to appeal granted

Orders

  • Permission to appeal is granted on the ground that the judge was wrong in law to conclude in paragraph 28 of his judgment that the circumstances of the accident gave rise to a reasonably foreseeable risk of injury to the claimant.