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Litigation Letter

Intentional infliction of harm

Wong v Parkside Health NHS Trust and another [2003] 3 All ER 932

The claimant was employed by the first defendant and worked in the same office as the second defendant who embarked on a campaign against her. The second defendant was rude and unfriendly to the claimant, locked her out of her office, interfered with her desk and personal effects and hid things when they were needed, culminating in a physical assault on her. The claimant brought a private prosecution against the second defendant who was convicted of common assault. The claimant was diagnosed as suffering physical and psychiatric injuries due to harassment and stress at her place of work. Her claim against the first defendant was based upon negligence and upon its vicarious liability for the torts of its employees. The claim against the second defendant was based upon ‘the tort of intentional harassment’.

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