Psychatric Harm

Question 1

Legal Principle: A claim can be made if the victim fears for the own safety.
Dulieu V White (1901)

Answer 1

The claimant was working in a bar, when, as a result of an accident in the street outside, a coach and horses crashed into the bar. She suffered fear for her own safety. Her claim was allowed as it was foreseeable that, in the event of an accident, someone could suffer real and immediate fear of personal danger. This was probably the first successful claim for mental injuries.

Question 2

Legal Principle: Extended the principle of Dulieu V White to fear for a family member.
Hambrook V Stokes (1925)

Question 3

Legal Principle: Extended the mental injury must be caused by injury to a family member.
Bourhill V Young (1943)

Question 4

Legal Principle:
McLoughlin V O’Brain (1982)

Question 5

Legal Principle: last part of case in booklet:)
Page V Smith

Question 6

Legal principle:
Alcock V Chief Constable of South Yorkshire (1992)

Question 7

Legal Principle: Rescuer claims are allowed if they are primary victims.
Chadwick V British Rail (1967)

Question 8

Legal principle: If a rescuer is not a physical risk they are a secondary victim and will need to satisfy the Alcock criteria
White V Chief constable of South Yorkshire

Question 9

Legal principle: Bystanders are secondary victims and need to satisfy the Alcock criteria.
McFarland V E E Caledonia (1994)

Question 10

Legal Principle: property owners may claim for psychiatric injury if they witness their property destroyed.
Attia V British Gas (1987)

Question 11

Legal Principle: Shock needs to be suffered as a result of a sudden event, 14 days was too long.
Sion V Hampstead Health Authority (1994)

Question 12

Legal Principle: reaction to events happening over 36 hours can be considered as horrifying event.
North Glamorgan NHS Trust V Walters (2002)

Question 13

Galli-Atkinson V Seghal (2003)