The Court of Appeal overturned the decision of the trial judge and found: Mr Finch could not claim for his psychiatric injury, applying the test set out in Alcock v Chief Constable of South Yorkshire Police [1992] HL, and did not award damages to Mr Finch. Moot point Mr Finch, the Appellant, now appeals to the Supreme Court on the following ground: That the Respondent owes him a duty of care and, as such, damages for his psychiatric injures are recoverable.