Psychiatric Injury

Question 1

Introduction

Answer 1

The C may be able to claim for psychiatric injury. This is when the C suffers a psychiatric injury (rather than physical or property damage) caused by D

Question 2

Stage 1 - recognised psychiatric injury

Answer 2

Reilly V Merseyside Health Authority
C must be suffering from a recognised psychiatric injury , not ordinary human emotions

Question 3

Stage 1 - illness caused by event

Answer 3

Sion v Halstead Health Authority
C may show that this illness was caused by a traumatic event or an “assault on the senses”

Question 4

Stage 2 -

Answer 4

Was the C a primary or secondary victim

Question 5

Stage 2 - primary victims

Answer 5

Primary V is someone who reasonably fears for their own physical safety or is within the zone of danger

Question 6

Stage 2 - primary victims
2 stage test

Answer 6

Page V smith
1. Primary victims do not have to show that the psychiatric injury was foreseeable. As long as some kinds of personal injury was foreseeable

2. the primary victim does not have to be a person of normal fortitude

Question 7

Stage 2 - secondary victims

Answer 7

Unwillingly witnessed the traumatic incident in question but we’re not personally in danger of physical harm

Question 8

Stage 2 - secondary victims - control mechanism

Answer 8

In Alock :, secondary victims control mechanisms must be established before psychiatric injury is allowed

Question 9

Stage 2 - secondary victims control mechanisms
LOVE

Answer 9

You must have close ties of love and affection with the primary victim.

Question 10

Stage 2 - secondary victims control mechanisms
WITNESS

Answer 10

You must witness the accident or its immediate aftermath with your own unaided senses.

Mcloughins v O’Brien - immediate aftermath of an accident required primary victims to be in their immediate post accident state . Not “cleaned up”

Question 11

Stage 2 - secondary victims control mechanisms
PRECIEVED

Answer 11

D must have PRECIEVED the accident or aftermath involving a close family
E.g Saw it in person not on phone etc

Question 12

Stage 2 - secondary victims control mechanisms
CONNECTION

Answer 12

Sufficient for the C present at the sense of accident/it’s immediate aftermath to show that there is a connection between witnessing the event and the illness suffered

Question 13

Stage 2 - victims side rule
Rescuers

Answer 13

If rescuer is a primary V ( they put themselves in danger ) - they can claim

If rescuer is secondary (they did not put themselves in danger ) the must satisfy the Alcock control mechanisms
CHADWICK V BRITISH TRANSPORTS

Question 14

Stage 2 - victims side rule
Bystanders

Answer 14

MCFARLANE
Bystanders cannot claim unless they satisfy the Alcock control mechanisms