Psychiatric harm

Question 1

what is classed and psychiatric harm

Answer 1

nervous shock - recognised psychiatric illness that can be independantly verified on the basis of the medical evidance
It represents long term psychiatric consequence of a shocking event that was experienced by the claimant

Question 2

what are symptoms of long term psychiatric harm

Answer 2

irritability, sleep problems, flashbacks, concentration and memory

Question 3

what must the symptoms do in order to be classed as psyciatric harm and what are excluded from being class as psychiatric harm

Answer 3

must be persistant and leave c unable to carry out ordinary work, family or social activities in a normal way
sadness, grief or general sadness is excluded

Question 4

what must be satified for psychiatric harm and what disaster was the law defined by for it

Answer 4

must show you are a primary or secondary victim
defined by the Hillsborough disaster

Question 5

what are the two types of primary victim

Answer 5

directly involved
rescurers

Question 6

what is the definition of a primary victim

Answer 6

who is injured or fears he will be injured and suffers psychiatric harm as a result

Question 7

what is the definition of a directly involved primary victim

Answer 7

must have feared for his own safety
can claim even if escapes phsycal harm
physical harm does not need to be reasonably forseeable as long as some form of harm was - physical or psychological or fear for own safety

Question 8

which case showed that some kind of personal injury was forseeable for directly involved primary victim

Answer 8

Page V Smith (1996)

Question 9

which other case showed that the directly involved primary victim feared for his safety and injury was forseeable

Answer 9

Donachie V CC of GMP

Question 10

what is the definition of rescuers for primary victim

Answer 10

someone who attends the scene and must be enaged in rescue activities and must fear for their own safety during

Question 11

which case was not liable for psychiatric harm as rescuers as the police officers owed a duty of care and were not in any kind of danger

Answer 11

White V CC of South Yorkshire (1998)

Question 12

which case showed c was entitled to recover as it was reasonably forseeable that somebody might try to rescue

Answer 12

Chadwick V British railway Board (1967)

Question 13

what is the defintion of a secondary victim

Answer 13

not in personal physical danger but witnessed accident or aftermath

Question 14

what are the 4 requirements that someone must meet for secondary victim

Answer 14

c must have proximity of relationship
must have proximity of time and place
must percieve the incident with his own senses
it must be reasonably forseeable that c suffers with psychiatric harm

Question 15

what satisfies for c must have proximity of relationship

Answer 15

must have a ‘close tie of love and affection’
parent, child or spouse of a victim will have a close tie
it is possible for a fiance, grandparent who raised grandkids and identical twin

Question 16

which case shows you need proximity of love and relationship

Answer 16

Bourhill V Young (1943)

Question 17

which case showed that object can class as a close tie

Answer 17

Attia V British Gas (1988)

Question 18

which other case is used for proximity of relationship

Answer 18

Robertson & Rough V Forth Road (1995)

Question 19

what is proximity must be both time and space

Answer 19

direct and immediate sight or hearing is not required as immediate after math also counts

Question 20

which case established how long the immediate aftermath is and how long is it

Answer 20

McLoughlin V O’Brian (1981) - 2 hours is suffient

Question 21

which case showed the immediate aftermath can be an unbroken chain of events between the discovery of the body and at the mortuary

Answer 21

Galli-Atkinson V Seghal (2003)

Question 22

which case showed that there was insuffient proximity to time of the accident as death occured 3 weeks later

Answer 22

Taylor V A Novo (2013)

Question 23

what case showed that proximity in those circumstance will be established if:
c attended scene in immediate aftermath and scene in hospital was a continuation
what c witnessed at hospital is far more chaotic and distressing than the norm

Answer 23

Berisha V Stone Superstore Ltd (2014)

Question 24

what did Watlers V North Glamagan NHS trust help to show

Answer 24

It was a series of events from the immediate aftermath

Question 25

What is C must perceive the incident with his own senses

Answer 25

C must be present at time of accident or immediate aftermath
Alcock excludes those being near or hearing through others or the media

Question 26

What is the leading judgement in Alcock referred back to Lord Willberforce in McLoughlin V O’Brien - nervous shock

Answer 26

“Must come through sight of hearing of the event on or of its immediate aftermath. [Lord Willberforce] also said that it was surely right that the law should not compensate shock brought about by communication by the third party”

Question 27

Once all three of Alcocks rules have been met what is the last further requirement

Answer 27

C perceived the incident with his own senses : reasonable foresight

Question 28

What is C perceived the incident with his own senses: reasonable fortitude

Answer 28

C must prove that psychiatric injury was foreseeable and person of reasonable fortitude would have sustained it
C cannot claim for thin skull rule if reasonable fortitude would not suffer in the same way