TortAssault and harassment by co-worker - claim for damages for intentional harassment - intentional harassment without infliction of physical harm giving no right to damages in common lawWong v Parkside Health NHS Trust; CA (Lords Justice Brooke, Hale and Mr Justice David Steel): 16 November 2001The claimant, while working as a wheelchair administrator in the first defendant hospital, had suffered a campaign of harassment and abuse by fellow employees who believed that the claimant's job should have gone to one of their friends.The claimant was also assaulted by one of the workers, the second defendant, who was later convicted for assault and was ordered to compensate the claimant in a criminal prosecution personally brought by her.

The claimant brought an action for damages against the second defendant and her employer, the hospital, for harassment and stress at her place of work.

The action was struck out on the basis that she had no civil claim against the second defendant on grounds of double jeopardy and that no cause of damage was available in common law for intentional harassment alone.

The claimant appealed from the order striking out the claim against the hospital.

Matthew Chapman (instructed by the Bar Pro Bono Unit) for the claimant.

John Greenbourne (instructed by Hammond Bale) for the hospital.Held, dismissing the appeal, that although where the victim of a physical assault chose to bring a private prosecution against the perpetrator, the right to bring a civil claim was destroyed by section 45 of the Offences against the Person Act 1861, such a fetter did not apply to public prosecutions; but that intentional harassment without any infliction of physical harm or recognised psychiatric illness did not give rise to a right to claim damages in common law.