Psychiatric Injury - Paper 2 Flashcards

1
Q

What is meant by psychiatric injury?

A

Psychological damage suffered by C as a result of D’s negligence

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2
Q

What is Stage 1 of psychiatric injury?

A

C must be suffering from a recognised psychiatric injury, not ordinary human emotions (Reilly v Merseyside HA)

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3
Q

What was held in Sion v Hampstead HA?

A

The injury must be caused by a traumatic event or an ‘assault on the senses’

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4
Q

What is Stage 2 of psychiatric injury?

A

It must be established if the claimant is a primary victim or a secondary victim

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5
Q

Define what is meant by primary victim

A

Someone who is in the zone of danger and fears for their own physical safety

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6
Q

Define what is meant by secondary victim

A

A person who is not in the danger zone but witnesses the traumatic event but doesn’t fear for their own physical safety

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7
Q

Primary victims must be able to fall within the criteria set out in which case?

A

Page v Smith

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8
Q

What is Stage 1 under Page v Smith?

A

Primary victims do not have to show that the psychiatric injury was foreseeable, merely that some kind of personal injury was foreseeable

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9
Q

What is Stage 2 under Page v Smith?

A

The primary victim does not have to be person of normal fortitude

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10
Q

Which case established the control mechanisms which secondary victims must satisfy before a claim for psychiatric injury is allowed?

A

Alcock v Chief Constable of South Yorkshire

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11
Q

Which case updated the Alcock rules?

A

Paul, Polmear, & Purchase

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12
Q

What is the first Alcock control mechanism?

A

Must have close ties of love and affection with the primary victim

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13
Q

What is the second Alcock control mechanism?

A

Must witness the accident or its immediate aftermath with your own unaided senses

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14
Q

What was the decision in McLoughlin v O’Brien?

A

Immediate aftermath of an accident requires the primary victim to be in their immediate post-accident state and not ‘cleaned up’

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15
Q

What is the third control mechanism?

A

Must directly perceive the accident or its immediate aftermath

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16
Q

What is the fourth control mechanism?

A

Must be a causal connection between the traumatic event and the psychiatric injury suffered