Louis v Bellee [1971] JJ 1707 (25 March 1971)

Louis v Bellee [1971] JJ 1707 (25 March 1971)

Neurotic illness resulting from physical injury is compensable as physical injury; refusal to undergo psychiatric assessment may reduce damages awarded.

Citation
[1971] JJ 1707
Parties
Plaintiff: Louis; Defendant: Bellee
Jurisdiction
Jersey
Judgment Date
25 March 1971
Procedural Posture
Tort Personal Injury / Judgment
Outcome
damages awarded subject to reduction for refusal of psychiatric assessment
Legal Topics
Personal Injury, Damages, Psychiatric Injury
Tort Law Personal Injury Damages Psychiatric Injury

Case Brief

Summary, issues, holding and outcome

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Parties

Louis

Plaintiff

Bellee

Defendant

Procedural Posture

Tort Personal Injury / Judgment

Legal Issues

  1. 1 Whether neurotic illness developed in response to physical injury is compensable as physical injury
  2. 2 Effect of refusal to undergo recommended psychiatric assessment on damages award

Ratio Decidendi

Neurotic illness resulting from physical injury is compensable as physical injury; refusal to undergo psychiatric assessment may reduce damages awarded.

Court Disposition

damages awarded subject to reduction for refusal of psychiatric assessment