Topic 5: Pure Pyschiatric Injury

Question 1

When can a D owe a DoC for Psychiatric Injury? (NOT PURE INJURY)

Answer 1

If it is consequent upon a physical injury or property damage

Question 2

What is the key case for Primary Victims?

Answer 2

Page v Smith [1996] (“Zone of physical danger” will allow pure psychiatric injury)

Question 3

What were the three categories of Primary Victims Monk v PC Harrington Ltd [2008] decided?

Answer 3

1. Within actual area of physical danger 2. Rescuers (Still in zone of danger) 3. Unwilling Participants (Ppl who believe it was their fault, not D’s)

Question 4

What are the elements of a Primary Victim?

Answer 4

1. Foreseeable personal injury (or unwilling participant) 2. Recognised psychiatric illness 3. Shock or ‘accumulation of gradual assaults’

Question 5

What are the elements of a Secondary Victim?

Answer 5

1. Recognised psychiatric illness 2. Foreseeable psychiatric illness 3. As a result of witnessing an accident 4. The three elements of proximity

Question 6

What are the 3 elements of proximity?

Answer 6

1. Close ties of love and affection 2. Time and space of accident or aftermath 3. Sight or hearing of the accident or aftermath