PSYCHIATRIC INJURY

Question 1

SIMPSON v IMPERIAL CHEMICAL INDUSTRIES LTD

Answer 1

FACTS: Explosion at premises at which pursuers were employed. Pursuers understandably frightened by blast and anxious about fire. Used phrases like: ‘wee bit shaky’ and ‘bit tense.’
POL: “While it is well established that damages can be recovered on the ground of nervous shock, as well as the ground of actual physical injury. THERE MUST BE SOME EVIDENCE THAT THE NERVOUS SHOCK COMPLAINED OF IS A CONDITION WHICH CAN BE REASONABLY DESCRIBED AS AN ILLNESS.” LORD GRIEVE.

Question 2

RORRISON v WEST LOTHIAN COLLEGE

Answer 2

FACTS: Constantly criticised by supervisor. Averments of psychological distress, nervous breakdowns etc.
POL: It is common for pleadings to aver that a pursuer was diagnosed by a psychiatrist as suffering from a specified condition or to aver more shortly that the pursuer was suffering from a specified condition.” LORD REED.