From Coultas to Alcock and Beyond: Will Tort Law Fail Women?

Abstract

To begin with, this paper draws out the threads to the criticisms of law advanced by feminist theorists, focussing in particular upon arguments concerning the gendered nature of harms and injury. It then examines one particular area of tort law, that of nervous shock, in order to ask the question 'does tort law fail women'. An historical overview of cases reveals that a subtle moral scrutiny initially informed the legal outcome. However, step by step, the law has moved to recompense women, particularly mothers, and to recognise their suffering consequential upon harm to immediate family members.