Hinz v Berry [1970] 2 QB 40 Court of Appeal
Mr and Mrs Hinz went for a day out with their family in a Bedford Dormobile. They had four children of their own and fostered four other children. Mrs Hinz was also pregnant with her fifth child. They stopped in a lay-by to have a picnic. Mrs Hinz went across the road with one of the children to pick bluebells. Mr Hinz was in the dormobile making tea with the other children. A jaguar car driven by Mr Berry then came hurtling at speed. A tyre burst and the driver lost control and smashed into the dormobile. Mrs Hinz witnessed the horrible scene. Her husband died and the children were badly injured. As a consequence of this she became morbidly depressed.
Held:
She was entitled to recover as she had demonstrated a recognised psychiatric condition as opposed to feelings of grief and sorrow.
Lord Denning MR
"In English law no damages are awarded for grief or sorrow caused by a person's death. No damages are to be given for the worry about the children, or for the financial strain or stress, or the difficulties of adjusting to a new life. Damages are, however, recoverable for nervous shock, or, to put it in medical terms, for any recognisable psychiatric illness caused by the breach of duty by the defendant."
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Hinz v Berry
