Nervous Shock / Psychiatric Trauma

Question 1

Name the breakthrough case in Nervous Shock

Answer 1

Dulieu v White (1901)

Question 2

Define ‘Primary’ Victims

Answer 2

The individual was the person to whom harm was caused but there was no physical injury.

Question 3

Define ‘Secondary’ Victims.

Answer 3

Persons witnessing physical danger but in not in danger oneself.

This only ever applies where there is a close ‘family’ relationship to the primary victim

Question 4

Case law regarding Secondary victims

Answer 4

Hambrook v Stokes Brothers (1925) - persons outside of the zone of physical danger were nevertheless owed a duty of care.

McLoughlin v O’Brian (1983) the decision of Court of Appeal extended the class of the persons who would be considered proximate to the event to those who come within the ‘immediate aftermath’ of the event.

Question 5

What is The Eggshell Skull rule?

Answer 5

Owens v Liverpool Corporation (1938)

Note MacKinnon LJ statement “One who is guilty of negligence to another must put up with the idiosyncrasies of his victim that increase the likelihood or extent of damage to him. “Eggshell Skull rule”.

Question 6

The Hillsborough Disaster

Name the case

Answer 6

Alcock (and Ors) v Chief Constable of South Yorkshire (1992) is now the leading case on psychiatric trauma for secondary victims.

Question 7

List the 4 Secondary Victim criteria set out by Lord Oliver following the Hillsborough cases

Answer 7

1. A close tie of love and affection to a primary victim (note siblings must be proven)
2. To have been a witness to the event with their own unaided senses
3. Proximity to the event or its immediate aftermath
4. The psychiatric injury must be caused by a shocking event

Question 8

Name the two conficting cases on ‘Rescuers’ claims

Answer 8

In Chadwick v British Railways Board (1967) it was held that rescuers who suffered nervous shock could also claim damages.

However, this was overruled in White v Chief Constable of Yorkshire (1998) where four police officers involved in Hillsborough were denied in their claims of nervous shock.

Question 9

Give two cases refuting claims from ‘Bystanders’

Answer 9

McFarlane v EE Caledonia (1993)

Robertson v Forth Road Bridge Joint Board (1995)