Psychiatric Injury

Question 1

4 things psychiatric injury must be

Answer 1

Long term
Diagnosed
Greater than shock or grief
Grief, sorrow, fear, panic and terror do not amount to psychiatric injury

Question 2

What is a rescuer

Answer 2

Those who come to the aid of primary victims but are themselves neither primary nor secondary
They are not exceptions to the Alcock test so can’t claim

Question 3

What is a Primary victim

Answer 3

Someone in the zone of physical danger

Question 4

What is the objective test to determine type of victim

Answer 4

Claimant only needs to show that physical harm was foreseeable. There is no requirement that psychiatric injury was foreseeable, provided that personal injury was

Question 5

What is a secondary victim

Answer 5

Someone not in the physical zone of danger but a witness of a horrific event

Question 6

Explain the first 2 stages of the 4 stage Alcock test for secondary victims

Answer 6

Close tie of love and affection to primary victim - assumed between parent + child and spouse and must be proved in other relationships
Witness the event with own unaided senses - no TV/radio

Question 7

Explain the second 2 stages of the 4 stage Alcock test for secondary victims

Answer 7

Proximate to the event or immediate aftermath - Lord Wilberforce in Mcloughlin v O’Brian ‘ sight or hearing of the event or its immediate aftermath.
Receive the psychiatric injury as a result of a shocking event

Question 8

What test established the Alcock test

Answer 8

Alcock v Chief constable of south Yorkshire - established 4 part test