Psychiatric Injury

Question 1

Explain the types of Primary Victims, in relation to Psychiatric Injury.

Answer 1

Actual Victim:
* Suffers directly.
Rescuers:
* Actively involved in helping victims of the accident.
* Put themselves in danger.
* Chadwick v British Rail: courts don’t wish to discourage rescuing, thus claim for mental injuries suffered in the act of rescuing will be allowed.
* Hale v London Underground: only professional rescuers who put themselves at risk can claim.
Property Owners:
* Attia v British Gas: if within area of impact + within reasonable foresight of D, can claim.
Near Missers:
* Close by to the scene of an accident + may’ve suffered mental/physical harm.
* Accident could’ve potentially hit them, but hit actually V.

Question 2

Explain the types of Secondary Victims, in relation to Psychiatric Injury.

Answer 2

Rescuers:
* Actively involved in helping victims of the accident.
* White v Chief Constable of South Yorkshire: rescuers that don’t put themselves physically at risk are secondary victims.
Bystanders:
* Witness/general onlooker to an accident.
* McFarlene v E E Caledonia: wont be able to claim unless they can satisfy Alcock criteria.
Those Suffering Gradual Rather Than Sudden Shock:
* Sion v Hampstead Health Authority: level of responsibility can’t be extended to gradual shock.
* However, where there’s a shorter period of decline in V’s condition, claim may be allowed.

Question 3

Explain the first element of Psychiatric Injury: Negligence Must Be Established (Primary + Secondary)

Answer 3

• Duty, breach, damage.
• Damage that must be proven to have been caused will be a mental injury.

Question 4

Explain the second element of Psychiatric Injury: Mental Injury (Primary + Secondary)

Answer 4

• Supported by medical evidence.
• Injury has to be sufficiently serious that C is badly affected by it (long-term injury)
• C has to show loss of part + future earning when they’re struggling with their mental illness.
• Dulieu v White: claim made only if C suffered mental injury as a result of fearing for their own safety.
• Hambrook v Stokes: extended the rule from Dulieu, claim could be made by those suffering shock due to fearing the safety of a family member.
• Mcloughlin v O’Brien: law developed to deal with a mental injury suffered a short-time after an accident.
• For primary victims, confirm tort is complete.

Question 5

Explain the third element of Psychiatric Injury: Alcock Criteria (Secondary Victims)

Answer 5

• Alcock v Chief Constable Of South Yorkshire: rules initially established.
• Paul, Polmear + Purchase (2024): clarified the law in relation to claims for psychiatric injury by secondary victims, + amended Alcock criteria- requirements that C needs to prove:
  1)Close Ties Of Love + Affection Between C + V:
• Relationship must be a close type of relationship (i.e. related by blood, or close friends)
• Relationship must be close in fact- prove with evidence (e.g. recent photos, texts, e.t.c)
  2) Proximity In Time + Space Between C + Incident:
• C suffered mental injuries at the scene of the accident or in its immediate aftermath (not defined)
• Paul, Polmear + Purhcase (2024): no need for event witnessed to be close in time to the negligent act, what matters is that C was proximate in time + space to the incident itself, no matter how long after the negligence occurs.
  3) C Perceived Accident/Immediate Aftermath With His Own Unaided Senses:
• Must see/hear accident/aftermath.

Question 6

Explain the fourth element of Psychiatric Injury: Threshold Test (Secondary Victims)

Answer 6

• Paul, Polmear + Purchase (2024): also confirmed the threshold test had to be satisfied.
• Would a person of reasonable fortitude have suffered the same reaction + injury as C?