Psychiatric Harm

Question 1

How many general requirements must be satisfied for psychiatric harm?

Answer 1

4

Question 2

Fault - ‘if D is n________ in relation to C1, C2 etc, he was also negligent in r_____ to the claimant you are considering’

Answer 2

Negligent, relation

Question 3

What was not a recognised medical condition in Reilly v Merseyside HA?

Answer 3

Claustrophobia and fear

Question 4

In which case was morbid depression a recognised medical condition?

Answer 4

Hienz v Berry

Question 5

What must the recognised medical condition result from, and which case tell us this?

Answer 5

The shock of the incident

Calascione v Dixon - shock resulted from the inquest, not the accident itself, so the claim failed

Question 6

The condition must be capable of having l____-t_____ e_______: ‘likely not to be t_______ in nature’

Answer 6

Long-term effects, transient

Question 7

Which case tells us that rescuers must now identify as either a primary or secondary victim?

Answer 7

White v CCSY

Question 8

How is a primary victim described?

Answer 8

Someone present at the scene and injured or at risk of injury; in the ‘zone of physical danger’

Question 9

What happened in Dulieu v White?

Answer 9

The claimant was a primary victim as she jumped out of the way of a carriage which crashed into her building, the shock from which caused her to miscarry. She was in the ‘zone of danger’.

Question 10

What two things does Page v Smith tell us must be proved for primary victims? And what are the facts of this case?

Answer 10

That physical harm was foreseeable, and that they need not be a person of normal fortitude. An accident triggered the re-emergence of C’s ME, making it chronic

Question 11

What is a secondary victim?

Answer 11

Someone not in the zone of physical danger or at risk of injury, but fears for the safety of a primary victim

Question 12

Which case gives us the criteria for secondary victims?

Answer 12

Alcock v CCSY

Question 13

A secondary victim must prove they have c____ ties of l____ and a______ with the primary victim. Which relationships are rebuttably presumed to have this?

Answer 13

Close, love and affection.

Spouses, fiances, parent-child

Question 14

What two other things must secondary victims be proximate in?

Answer 14

Time and space

Question 15

What does Jaensch v Coffey tell us about proximity in time and space?

Answer 15

A SV must see a PV in their ‘post-accident state’

Question 16

The illness must be caused s______.

Answer 16

Suddenly

Question 17

How long did it take for the illness to develop in North Glamorgan NHS Trust v Walters, and was this classed as ‘sudden’?

Answer 17

36 hours, this was seen as sudden enough

Question 18

Why did the claims of many claimants of the Hillsborough Disaster fail in Alcock?

Answer 18

Because they witnessed the events through the TV, not through their own unaided senses

Question 19

Finally, C must be a person of n_____ f________ (S______ v British Steel) and must prove that psychiatric injury was foreseeable.

Answer 19

Normal fortitude, Simmons

Question 20

If not all of the Alcock criteria are satisfied, what category does the claimant fit into, and what does this mean?

Answer 20

Bystander, they cannot claim