In UK, as I understand it, unauthorised access to computers and networks/communications under the Computer Misuse Act is a strict liability situation: you only have to do it to break the law, no harm needs to be shown. MitM-ing my connection would be unauthorised access. It's a crime.
There is also negligence. Like in the original case [1] where a woman got ill and suffered emotional distress after drinking bottled ginger beer with a decomposing snail in it. Even though the manufacturer had no intent to sell "snail beer" -- a consumer has a trust relationship with them: in exchange for money they can reasonably expect the manufacturer to take enough care not to bug them.
The offence of unauthorised access requires proof of two mens rea elements, (see section 4 CMA):
(1) there must be knowledge that the intended access was unauthorised; and
(2) there must have been an intention to obtain information about a program or data held in a computer - section 1(2) CMA.
See also http://www.legislation.gov.uk/ukpga/1990/18 - the current unauthorised intercept of data, installation of a MitM system appears to be an offence under inter alia Section 1, 2 and 3 separately.