The majority judgment has been critically received by most academics. The minority followed the decision of the Court of Appeal, finding that in all cases of psychiatric injury the test in establishing a duty of care was whether the kind of damage (psychiatric damage) was foreseeable and not just whether or not it was foreseeable that harm (of any type) might come to the plaintiff. This is to be judged ex post facto, taking into account what actually happened. When establishing a duty, the plaintiff's unusual susceptibility is of relevance to the question of duty - once it is established that the type of damage (nervous shock) is foreseeable, then the 'eggshell personality' rule comes into operation, and the exact nature and extent of that damage need not have been foreseeable.