Psychiatric Injury

Question 1

Define psychiatric Injury

Answer 1

Psychiatric Injury is when the C suffers a psychiatric injury caused by the D.
There are 2 stages to prove: psych injury must be recognised and the type of victim

Question 2

Stage 1 - C must suffer a psychiatric injury

Answer 2

The D must be suffering from a recognised psychiatric injury, not ordinary human emotions (Reilly v Merseyside Health Authority)
The C must also show that the illness was caused by the traumatic event or an assault on the senses (Sion v Hampstead Health Authorities)

Question 3

Stage 2 - primary victim

Answer 3

A primary victim is a person that reasonably fears for their safety or is in the direct zone of danger
Page v Smith set out a two stage test:
1. V doesn’t have to show that psychiatric injury was foreseeable, just some kind of personal injury
2. Primary victim doesn’t have to be a person of normal fortitude

Question 4

Stage 2 - secondary victim

Answer 4

A secondary victim is an unwilling witness to the traumatic event but not in the zone of danger
Alcock established control mechanisms that were later updated by Paul, Polmear and Purchase
1. Love - must have close ties of love and affection with primary victim
2. Witness - must witness event or immediate aftermath with own unaided senses, McLoughlin v O’Brian held the ‘immediate aftermath’ requires primary victim to be not ‘cleaned up’
3. Directly perceived - see event/ immediate aftermath for yourself, not through media
4. Connection - must be a connection between witnessing the event and psychiatric injury suffered

Question 5

Stage 2 - side rules

Answer 5

Rescuers can claim psychiatric injury (Chadwick v British Transport)
Bystanders cannot claim unless they satisfy Alcock control mechanisms (McFarlane)