David Steel J in McLoughlin v Jones

A solicitor who negligently conducts a client's criminal defence may be liable in contract and tort for the client's foreseeable psychiatric injury where, on the assumption of responsibility test, the kind of damage (anxiety, distress or psychiatric illness leading to wrongful conviction and imprisonment) was within the scope of the duty assumed; such a claimant may be analysed as a primary victim and need not satisfy the secondary-victim control mechanisms.