Psychiatric Injury

Question 1

Sion v Hampstead

Answer 1

Sudden Event: not a sudden realisation (C suffered psychiatric injury as a result of witnessing sons deterioration over 14 days)

Question 2

Page v Smith

Answer 2

PV can claim PI in absence of physical injury (C’s chronic fatigue re-triggered by road accident)

Question 3

Chadwick v British Rail

Answer 3

A rescuer must be actively involved in the rescue and place themselves in danger (C involved in train crash rescue)

Question 4

White v CC S Yorkshire

Answer 4

A rescuer must fear own safety and put them physically at risk (Police officer suffered PTSD at Hillsborough accident)

Question 5

McFarlene v EE

Answer 5

Bystanders cannot claim as a primary victim (C suffered PI when witnessing Piper Alpha explosion)

Question 6

Alcock v CC S Yorkshire

Answer 6

Alcock Criteria must be complied for a successful secondary victim claim (Representative case for families of Hillsborough victims)

Question 7

Bourhill v Young

Answer 7

C has close tie of love and affection with the primary V (pregnant lady suffered shock when witnessing road accident)

Question 8

Galli-Atkinson v Seghal

Answer 8

C suffered shock at the scene at the time or its immediate aftermath (C went out looking for daughter , witnessed road accident and realised victim was daughter, later identified at mortuary)

Question 9

McLoughlin v O’Brien

Answer 9

C suffered shock at the scene at the time of its immediate aftermath (C suffered shock at hospital when she saw her family treated after road accident)

Question 10

Attia v British Gas

Answer 10

Nervous shock can result from property damage (Woman witnesses her house burning down due to D’s negligence)