Psychiatric harm

Question 1

What 2 possible elements must psychiatric harm fall under?

Answer 1

a. Medically recognised psychiatric illness or,
b. Shock induced physical condition (e.g. heart attack)

Question 2

What must a claim involve?

Answer 2

An actual recognised psychiatric condition capable of resulting from the shock of the incident and recognised as having long term effects

Question 3

What case states that physical symptoms of fear and panic such as sweating and breathing difficulties are not sufficient?

Answer 3

Reilly v Merseyside Regional Health Authority
(claim failed when suffering from insomnia + claustrophobia)

Question 4

What is the PoL for Tredget v Bexley Health Authority

Answer 4

Severe examples of mere distress, grief or fright may be accepted

Question 5

What are the 2 categories of shock victims?

Answer 5

Primary victims
Secondary victims

Question 6

Who are primary victims?

Answer 6

Those who are unwilling participants in the events causing shock

Question 7

Who are secondary victims?

Answer 7

Those who are merely passive + unwilling witnesses (must fall into criteria)

Question 8

Give 2 examples of someone who is a primary victim

Answer 8

Someone directly involved in an accident and either is, or could have been, physically injured (in the zone of danger)
If personal injury of some kind is reasonably foreseeable to the C because of the accident (even though no physical injury occurs)

Question 9

What is the PoL for Page v Smith?

Answer 9

C doesn’t have to prove psychiatric injusry was foreseeable as D takes his V as he finds him

Question 10

Give 3 case examples of primary v’s

Answer 10

• Dulieu v White & Sons
• Chadwick v British Transport Commission
• Dooley v Cammel Laird & Co

Question 11

What case states that those who are put in reasonable feat for their own safety are primary v’s

Answer 11

Dulieu v White & Sons

Question 12

What is the PoL for Chadwick v British Transport Commission?

Answer 12

Rescuers who are engaged in rescue activities and in reasonable fear for their own safety

Question 13

What case sates that those who reasonable believe that they are about to be, or have been, the involuntary cause of another’s death are primary v’s?

Answer 13

Dooley v Cammell Laird & Co

Question 14

Why was the Alcock criteria introduced?

Answer 14

To limit the large number of potential claims
To decide on whether a claim would succeed - were you a foreseeable victim to whom a duty of care is owed?

Question 15

What are the 3 elements to the Alcock criteria?

Answer 15

1. Close tie of love & affection
2. Physical proximity in time & space
3. Perceived the accident or aftermath withown unaided senses

Question 16

Explain the 1st element of Alcock criteria

Answer 16

The secondary victim must have a close tie of love & affection with the primary victim
–> presumed to exist between spouses and parent & child

Question 17

What case failed during Hillsborough disaster based on claim by police on duty?

Answer 17

White v CC South Yorkshire

Question 18

What case states that a mere bystander will not be able to recover?

Answer 18

Bourhill v Young

Question 19

Explain the 2nd element to the Alcock criteria with a case

Answer 19

The secondary victim must demonstrate physical proximity in time & space to the accident
–> present at the scene or witness immediate aftermath (McLoughlin v O’Brian)
–> depends on facts of case

Question 20

Explain the 3rd element to the Alcock criteria

Answer 20

The secondary victim must have perceived the accident or aftermath with their own unaided senses
–> excludes cases where the secondary v’s only source of knowledge and info. is from a third party

Question 21

What did the Supreme Court in Paul v Royal Wolverhampton remove the requirement of?

Answer 21

The injury must be caused be a sudden shock

Question 22

What case limited the possibility of successful secondary victim psychiatric harm claims in medical negligence cases?

Answer 22

Paul