Psychiatric Injury🎀

Question 1

Definition

Answer 1

There are two stages to prove: the psychiatric injury must be recognised and the type of victim (P or S)

Question 2

Stage 1 (1)

Answer 2

•The c must be suffering from a recognised psych injury, not ordinary human emotions (Reilley v Merseyside Health Authority)

Question 3

Stage 1 (2)

Answer 3

The C must show that this illness was caused by a traumatic event or an “assault on the senses” (Sion v Hampstead Health Authority)

Question 4

Primary Victim

Answer 4

•A P V is a person who reasonably fears their own physical danger / is in the zone of danger. (directly affected)

Question 5

(Page v Smith) 2 stage test

Answer 5

•P V do not have to show that the PI was foreseeable, merely that some personal injury was foreseeable.
•P V does not have to be a person of normal fortitude (if vulnerable-more easily affected)

Question 6

Secondary Victim

Answer 6

•An unwilling witness to the traumatic incident but is not in danger of any physical harm.

Question 7

Control mechanisms (Alcock) later updated in (Paul, Polmear and Purchase)

Answer 7

The S V must show all these in order to claim

Question 8

1)Love

Answer 8

The S V must have slow ties of love and affection with the P V. (close family & relationships)

Question 9

2)Witness

Answer 9

The S V must witness the accident or its immediate aftermath (McLoughlin v O’Brian)

Question 10

3)Directly Perceived

Answer 10

Directly perceived the accident / immediate aftermath, involving a family member (saw it for yourself, didn’t hear it over the phone etc)

Question 11

4)Connection

Answer 11

Connection between witnessing the event and the illness suffered

Question 12

Side Rule: Rescuer

Answer 12

•If Rescue is a PV - can claim
•If SV - must satisfy control mechanisms (Chadwick v British Transport)

Question 13

Side Rule: Bystanders

Answer 13

Can’t claim unless they satisfy the control mechanisms (McFarlane)