Unit 3 Flashcards
What is consequential psychiatric harm?
Any mental harm which follows directly from a physical injury. This will be included in their compensation for their physical injury.
What is pure psychiatric harm?
Harm that is caused to the claimant without any physical impact or injury.
What are the requirements for recovering under pure psychiatric harm?
- Injury must be a medically recognised condition or psychiatric illness.
- Psychiatric damage must have been caused by a sudden event or a sudden shock, or a shock induced physical condition
Does distress and simple anxiety, grief or fright count as a medically recognised condition which can be recovered for?
No.
Can pure psychiatric harm be recovered for where there is a gradual build-up of events?
No.
Who are the 2 types of victims in pyschiatric harm?
- Primary
- Secondary
What is a primary victim?
A person who suffers psychiatric injury as a result of being DIRECTLY involved in the incident.
– They must have been in danger, or reasonably believed they were in danger.
What is a secondary victim?
A person who suffers psychiatric harm as a result of seeing or hearing about something that has happened to someone else (e.g., witnessesing a car crash as opposed to being in it)
What are the 5 Alcock control mechanisms needed to be satisfied for secondary victims to recover?
1) Foreseeability of psychiatric harm
2) Sufficient relationship between claimant and victim
3) Proximity in time and space
4) Perception of events with claimant’s unaided senses;
5) Suddent assualt on the nervous system
What is the test for 1) foreseeability of psychiatric harm?
It must have been reasonably foreseeable that a person of “normal fortitude” would suffer from psychiatric harm.
If someone of normal fortitude would have suffered some psychiatric injury, how much can the claimant claim?
Claimant can recover the full extent of her psychiatric injury, even if they have a pre-existing condition.
Are siblings included in the Alcock condition for relationship between claimant and victim?
No.
What is required for there to be a sufficient relationship between the claimant and victim?
A close tie of love and affection.
– Rebuttable presumption of this between parents/children and spouse/partner.
For proximity under Alock, what is required?
Claimant must have witnessed the incident itself or its immediate aftermath.
Under Alcock, does witnessing events via a TV or radio broadcast suffice for perception of events?
No.