The statutory cause of action under s 4(1)(b) of the Law Reform (Miscellaneous Provisions) Act 1944 and the common law cause of action for nervous shock are separate causes of action; a court cannot fashion a third cause of action by combining elements of both. Where judgments are supported by evidence but the wrong cause of action was pleaded, the Court of Appeal may amend the pleadings on appeal and enter fresh judgments, provided the appellant fails to establish prejudice. The onus under SCR Pt 51 r 23(1)(d) is on the appellant to show a substantial wrong or miscarriage.
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