Psychiatric Injury

Question 1

Psychiatric injury definition

Answer 1

A long term diagnosed mental injury greater than shock or grief (Hicks v C.C. Of South Yorkshire)

Question 2

Classes of victims

Answer 2

Primary and Secondary (Page v Smith)

Question 3

Primary victim test

Answer 3

To be a primary victim, you must be:
Directly involved
A ‘near misser’
A rescuer (White v C.C. of South Yorkshire)

Primary victims can automatically claim if the defendant was negligent.

Question 4

Secondary victim test

Answer 4

Secondary victims must satisfy the Alcock criteria in order to claim

Question 5

Alcock Criteria

Answer 5

1. Close tie of love and affection
2. Must be present for the scene or it’s immediate aftermath (McLoughlin v O’Brien)
3. Must have suffered shock through unaided senses

Question 6

McFarlane v EE Caledonia

Answer 6

Bystanders are not rescuers