Paychiatric Injury

Question 1

MCGLOUGHLIN

Answer 1

Immediate aftermath of an accident. Primary victims must be in their immediate post- accident and not “cleaned up”.

Question 2

SION

Answer 2

Psychiatric injury caused over a period of time is not recoverable.

Question 3

CHADWICK

Answer 3

Public interest to allow claims by rescuers if they suffer psychiatric injury.

Question 4

WHITE

Answer 4

Bystanders cannot claim for psychiatric injury as D cannot be responsive for “the world at large”.

Question 5

ALCOCK

Answer 5

1. You must have close ties of love and affection with the primary victim.
2. You must witness the accident of its immediate aftermath.
3. The injury must be induced by shock.

Question 6

PAGE V SMITH

Answer 6

1. Primary victims do not have to show that the psychiatric injury was foreseeable.
2. The primary victim does not have to be a person of normal fortitude. Egg shell skull rule.

Question 7

REILLY V MERSEYSIDE HEALTH AUTHORITY

Answer 7

C must suffer from a recognised psychiatric injury and not simply ordinary human emotions.