Boumedien v Delta Display Ltd

Boumedien v Delta Display Ltd

Permission to appeal is granted on the ground that the judge may not have properly applied the test of reasonable foreseeability of personal injury, focusing only on physical injury rather than both physical and psychiatric injury.

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 (limited to ground 4.3 of applicant's skeleton argument)
Legal Topics
Psychiatric Injury, Duty of Care, Foreseeability, Primary Victim, Negligence
Tort Law Psychiatric Injury Duty of Care Foreseeability Primary Victim Negligence

Case Brief

Summary, issues, holding and outcome

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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 defendant owed a duty of care for psychiatric injury based on foreseeability of personal 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, focusing only on physical injury rather than both physical and psychiatric injury.

Court Disposition

Permission to appeal granted (limited to ground 4.3 of applicant's skeleton argument)

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.