Psychiatric harm

Question 1

how to claim PI

Answer 1

C must prove physical symptoms suffered

Question 2

Can rescuers claim for PI

Answer 2

Yes, if they were in the zone of physical danger - pV
- they are not merely latecomers or bystanders

Question 3

Chadwick v British Railways Board

Answer 3

• man who helped at the scene of a train crash
• suffered PI
• allowed to claim as he was treated as PV because he had been physical risk himself while assisting
• this case supports the idea that rescuers can claim even if they don’t suffer physical injury.

Question 4

What does SV mean

Answer 4

• first established in McLoughlin v O’Brien
• people who were not physically involved in the incident
• suffer as a result of what they see or hear happening to another

Question 5

what is the Alcock criteria

Answer 5

• close tie of love and affection
• proximity in time and space
• sudden shock
• recognised psychiatric illness

Question 6

what did law com report remove for the requirement to claim PI

Answer 6

• removed restrictions of proximity of time and space
• abolish requirement of shock
• abandon significance of primary or secondary victim