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Hussain v West Mercia Constabulary [2008] EWCA Civ 1205 (03 November 2008)

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Claimant had not established “Material Damage” for Misfeasance Claim:It was held that a Claimant whose anxiety had manifested itself in the form of physical symptoms of numbness to his arm and leg had not established that he had suffered material damage for the purposes of a claim for misfeasance in public office against a police authority. It was made clear that material damage required a recognisable psychiatric injury rather than mere distress or any other normal emotion. Maurice Kay LJ emphasised that whilst it was important to deny actionability where the non-physical consequences were trivial, it was important not to prevent a claim being brought by a claimant who has sustained a grievous non-physical reaction but had had the robustness to avoid psychiatric injury.

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