Disclaimer: This work was produced by one of our expert legal writers, as a learning aid to help law students with their studies.

Any opinions, findings, conclusions, or recommendations expressed in this material are those of the authors and do not reflect the views of LawTeacher.net. Any information contained in this case summary does not constitute legal advice and should be treated as educational content only.

Wong v Parkside Health NHS Trust

315 words (1 pages) Case Summary

21st Jun 2019 Case Summary Reference this In-house law team

Jurisdiction / Tag(s): UK Law

Wong v Parkside Health NHS Trust [2001] EWCA Civ 1721

Assault – Damage – Harassment – Intention – Psychiatric harm


Minna Wong (W) was employed as a wheelchair administrator by NHS Trust. In this employment, she suffered harassment from her colleagues which resulted in physical and psychiatric harm to W. In 1995 W was successful in prosecuting M, one of the employees, for assault. In 1998 W raised an action against the trust for negligence on the basis of its vicariously liability for the torts of its employees, and against M for intentionally causing harm to W due to M’s harassment. The claim against M was unsuccessful, and W appealed.


The issues in question were (1) the scope of the tort of intentionally causing harm under the principle in Wilkinson v Downton [1897] 2 QB 57 that the behaviour was likely to result in harm that and could impute an intention of harm; and (2) whether there was a tort of harassment at common law before the enactment of the Protection from Harassment Act 1997 (1997 Act).


Under the double jeopardy rule, M’s assault against W was excluded from consideration under section 45 of the Offences Against the Person Act 1861. As a result, all that could be considered were W's allegations that M had been rude and unfriendly, yet the tort of intentionally inflicting harm required proof of actual physical harm or psychiatric illness. Therefore, in line with Wilkinson v Downton, an intention to cause harm could not be imputed in the present case. Nor could W succeed on the second issue, as there was no tort of intentional harassment at common law before the 1997 Act. The appeal was dismissed.

Cite This Work

To export a reference to this article please select a referencing stye below:

Reference Copied to Clipboard.
Reference Copied to Clipboard.
Reference Copied to Clipboard.
Reference Copied to Clipboard.
Reference Copied to Clipboard.
Reference Copied to Clipboard.
Reference Copied to Clipboard.

Related Services

View all

Related Content

Jurisdictions / Tags

Content relating to: "UK Law"

UK law covers the laws and legislation of England, Wales, Northern Ireland and Scotland. Essays, case summaries, problem questions and dissertations here are relevant to law students from the United Kingdom and Great Britain, as well as students wishing to learn more about the UK legal system from overseas.

Related Articles