Psychiatric Injury

Question 1

Dear and claustrophobia are not recognised illnesses

Answer 1

Reilly v Merseyside RHA

Question 2

Fear of death is not recognised psychiatric harm

Answer 2

Hicks v CC of South Yorkshire

Question 3

Separation of primary and secondary victims authority

Answer 3

Alcock v CC of South Yorkshire

Question 4

Secondary victim definition

Answer 4

Witness to injury, death or endangerment of another

Question 5

As long as physical harm is foreseeable, psychiatric harm need not be authority

Answer 5

Page v Smith

Question 6

Fear of future illness not considered

Answer 6

Grieves v F T Everard & Sons Ltd

Question 7

Rescuers not primary victims unless they are or believe they are at risk themselves authority

Answer 7

White v CC of South Yorkshire

Question 8

Event that places a rescuer at risk should be viewed broadly

Answer 8

Cullin v London Fire and civil defence authority

Question 9

Belief that they cause death authority

Answer 9

Dooley v Cammell Laird

Question 10

Belief of causing death must be reasonable authority

Answer 10

Monk v PC Harrington Ltd

Question 11

Factors to determine if a duty of care is owed to a secondary victim

Answer 11

Foreseeability of of psychiatric harm
Sufficient relationship between claimant and victim
Proximity in time and space
Harm must be caused by sight/sound of horrifying event

Question 12

C’s psychiatric injury must be foreseeable

Answer 12

Bourhill v Young

Question 13

Secondary victims must have a close tie of love and affection to those they witness

Answer 13

Alcock

Question 14

Secondary victim must be proximate to immediate aftermath

Answer 14

McLoughlin v O’Brian

Question 15

C must be proximate to accident not death

Answer 15

Taylor v Novo

Question 16

Unlikely that C will succeed in claiming on effects of witnessing clinical negligence

Answer 16

Liverpool Women’s Hospital NHS Trust v Ronayne

Question 17

Traumatic Childbirth classes as single traumatic event

Answer 17

RE v Calderdale and Huddersfield NHS Trust

Question 18

Secondary victim cannot claim where victim is D

Answer 18

Greatorex v Greatorex

Question 19

Secondary victim can claim on basis of seeing property destroyed

Answer 19

Attia v British Gas Plc

Question 20

Employers have duty of care not to cause employees harm

Answer 20

Hatton v Sunderland

Question 21

Test for stress at work

Answer 21

R+F that C would suffer psychiatric injury

Has to be gradual buildup

Question 22

Authority for stress at work

Answer 22

Barber v Somerset CC