LIABILITY FOR NERVOUS SHOCK

Question 1

IN …A CLAIM FOR PSYCHIATRIC HARM FAILED BECAUSE THERE WAS INSUFFICIENT UNDERSTANDING OF THE HARM AND THERE WAS NO EVIDENCE OF ACTUAL PHYSICAL INJURY

Answer 1

(VICTORIA RAILWAY COMMISSIONERS V COULTAS)

Question 2

BECAME POSSIBLE FOR A PERSON TO BRING A CLAIM FOR NERVOUS SHOCK AFTER

Answer 2

(DULIEU V WHITE AND SONS)

Question 3

NERVOUS SHOCK MUST BE CLINICALLY RECOGNISED AND NOT INCLUDE ORDINARY GRIEF OR UPSET

Answer 3

(HINZ V BERRY)
(REILLEY V MERSEYSIDEREGIONAL HEALTH AUTHORITY)

Question 4

IF CLAIMANT SUFFERS BOTH HUMAN EMOTION AND PSYCHIATRIC ILLNESS COURTS USE THE APPROACH IN

Answer 4

(VERNOM V BOSLEY NO 1)

Question 5

THE PSYCHIATRIC HARM MUST COME FROM A SINGLE SHOCKING EVENT.
CAN EXCLUDE CASES WHERE A PERSON HAS SUFFERED PSYCHIATRIC HARM AS A RESULT OF BEREAVEMENT AND GRIEF

Answer 5

(ALCOCK V CHIEF CONSTABLE OF SOUTH YORKSHIRE)

(SION V HAMPSTEAD)

Question 6

COURTS CONSIDER A SERIES OF INCIDENTS TO BE ONE EVENT

Answer 6

(NORTH GLAMORGAN NHS TRUST V WALTERS)

Question 7

IT IS POSSIBLE TO CLAIM FOR PSYCHIATRIC INJURY WHERE THERE IS DAMAGE TO PROPERTY IF AN ATTACHMENT IS SHOWN

Answer 7

(ATTIA V BRITISH GAS)

Question 8

PRIMARY VICTIMS WAS FIRST RECOGNISED IN…

a person can bring a claim for psychiatric harm caused by physical injury or reasonable fear for their physical safety

Answer 8

(DULIEU V WHITE AND SONS)
defendant was liable as he shld have foreseen that the claimant would suffer shock because of the incident

Question 9

thin skull rule applies to primary victims

Answer 9

(page v smith)

Question 10

secondary victims

Answer 10

a person who suffers psychiatric harm as a result of seeing or hearing someone else being harmed or at risk of harm at the event itself or in the aftermath
(HAMBROOK V STOKES)

Question 11

SUCCESS OF A SECONDARY VICTIM IS LIMITED BY POLICY CONTROL MECHANISMS AS PSYCHIATRIC HARM MUST BE REASONABLY FORESEEABLE IN A PERSON OF ORDINARY PHLEGM AND COMPOSURE

Answer 11

(BOURHILL V YOUNG)

Question 12

FOUNDATIONS OF THE CURRENT APPROACH TO SECONDARY VICTIMS SET OUT IN

Answer 12

(MCLOUGHLIN V O’BRIAN)

Question 13

LAW RELATED TO SECONDARY VICTIMS WAS RESTATED IN …
GIVEN IT MORE RESTRICTIONS

Answer 13

(ALCOCK V CHIEF CONSTABLE OF SOUTH YORKSHIRE)

Question 14

CLOSE TIE OF LOVE AND AFFECTION

Answer 14

(ROBERTSON V FORTH ROAD BRIDGE JOINT BOARD)

Question 15

PROXIMITY IN TIME AND SPACE

Answer 15

SECONDARY VICTIM MUST BE PRESENT AT THE SCENE OF THE CRIME OR HAVE WITNESSED THE IMMEDIATE AFTERMATH

(MCLOUGHLIN V O’BRIAN)the court stated 2 hrs

Question 16

unaided senses

Answer 16

this control means that the claimant witnessed directly the incident or its aftermath. being informed by a third party or witnessing on tv or radio will not fulfill this limitation.

(TAN V EAST LONDON AND CITY HEALTH AUTHORITY)