Cases.

Question 0

Reilly v Merseyside AHA

Answer 0

Claustrophobia isn’t a recognised psychiatric illness

Question 1

Bourhill v Young

Answer 1

Woman suffered a miscarriage after seeing a road accident (evidence of a physical repercussion)
claim failed because ordinary bystanders would have “phlegm and fortitude” to withstand the shock.

Question 2

Vernon v Bosely

Answer 2

Ordinary human emotion such as grief can be called successful claim when coupled with a psychiatric illness

Question 3

Page V Smith

Answer 3

ME reoccurred after he was at risk of being injured.
Also exemplifies the “thin skull rule” as it was not important he’d had ME previously only that he had it again after the incident.

Question 4

McLoughlin v O’Brien

Answer 4

Set up the standard norm for aftermath (2hrs)

Also set up the parameters confirmed in Alcock

Question 5

Farrell

Answer 5

Aftermath extended to 1day

Question 6

Taylor v Somerset AHA

Answer 6

Aftermath was reduced to 1hr

Question 7

Taylor v A Novo [2013]

Answer 7

2weeks was considered too long to be aftermath

Question 8

King v Phillips

Answer 8

Not in area or impact - claim failed

Question 9

Tan V East London and City Health Authority

Answer 9

Claim failed, although genuine SV with genuine psychiatric illness - death of child was event, not the still birth

Question 10

McFarlane v EE Caledonia

Answer 10

Court of Appeal held the fear must reasonable given the situation. Bystanders are unlikely to win claim, the C was far enough away to be out o the danger zone. Seeing the accident is not grounds for a claim.

Question 11

Robertson v Rough

Answer 11

Set the precedent that friends and colleagues don’t have a close tie of love and affection thus they cannot claim
(On the back of a truck. Flew down the side of a cliff on a sheet of metal)

Question 12

Chadwick

Answer 12

Non professional. Won due to policy reasons. Got into train wreckage to comfort those trapped inside

Question 13

Greatorex

Answer 13

Lost due to policy reasons. Genuine SV. possibly should have won

Question 14

White V Chief commissioner of South Yorkshire

Answer 14

Another example of professionals failing.

Question 15

Simmons V British Steel Plc

Answer 15

Physically injured in work place, developed skin condition and a depressive illness as a further result.
Held the workplace was responsible for everything due to the foreseeable risk of injury. It did not matter that the type of injuries were not foreseeable.

Question 16

Alcock

Answer 16

SVs must prove psychiatric injury as a result of reasonably foreseeable consequences of the Ds negligence.