LAW P2 CASES (Psychiatric injury)

Question 1

What are the cases for primary victims?

Answer 1

• Page v Smith, a claimant directly involved in an accident who is at risk of physical injury can be classified as a primary victim
• Mcfarlane v EE caledona, a claimant who is not in the zone of physical danger cannot be a primary victim

Question 2

What is the case for the first part of the alcock test (close tie of love)?

Answer 2

Alcock v chief constable of south Yorkshire, claimants must have a close relationship with the victim and be present at the scene to recover for psychiatric injury.

Question 3

What is the case for the second part of the alcock test (own unaided senses)?

Answer 3

Sion v Hampstead health authority, psychiatric injury from witnessing gradual harm is not recoverable unless it’s from a sudden shock.

Question 4

What is the case for the third part of the alcock test (proximate to event or immediate aftermath)?

Answer 4

Mcloughlin v O’brien, a person can recover damages if they witness the immediate aftermath of an accident involving a close family member

Question 5

What is the case for the fourth part of the alcock test (recieves p injury as a result of shocking event)?

Answer 5

Hinz v Berry, a claimant can recover for psychiatric injury if it results from a sudden or shocking event caused by the defendant’s negligence