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Flashcards in Tort Law - Psychiatric Injury Deck (184):
1

White v Chief constable of South Yorkshire Police general

Hillsborough police officers

2

How do L&O suggest we should explain W v Essex CC so it fits under White?

Emphasis on C's breach of duty instead

3

Name at least two cases showing application of unwitting agents of misfortune test

Dooley v Cammell; Hunter v British Coal; W v Essex County Council

4

What case seemed to suggest unwitting agents of misfortune are not primary victims?

Hunter v British Coal

5

What judge in McLoughlin gave a policy argument against recognising DoC in psychiatric injury widely, and what was it?

Wide definition of shock would need to be limited by proximity of relationship, perception and time and space, and possibility of 'proliferation of claims' if not narrowed

6

What did Lord Bridge say of the relationship requirement in McLoughlin by majority?

Imposes a 'largely arbitrary limit of liability'

7

Hunter v British Coal general

Hydrant, only reacted to what he was told

8

Calvert v William Hill Credit recognised PI

Addiction

9

Young v Charles Church judgment

Court seemed to solely ask C to prove they were within the zone, irrespective of awareness, or injury as a result of his awareness

10

Melville v Home Office judgment

Extended occupational stress claims to shock, removing proximity of relationship requirement needed if claiming as a secondary victim

11

Re Creutzfeldt-Jakobs Disease Litigation general

Growth home, dwarves as children

12

Mitchell criticising PI

Builds on gender stereotype argument - Phillimore J in White ascertains 'reasonable' through gender stereotypes

13

What case drew a very fine line between it and Alcock?

Galli-Atkinson v Seghal

14

What judge said that the court in Page v Smith misunderstood the eggshell skull rule, departed from The Wagon Mound and on no previous authority?

Lord Goff in White v Chief Constable

15

Name two cases which seek to show application of a wider principle of assumption of responsibility?

Farrell v Merton; Sion v Hampstead Health Authority

16

McFarlane v Caledonia on definition

Court already dealt with definition of rescuers without much of an issue

17

What argument did the Law Commission find most persuasive for a restrictive approach?

floodates argument of a proliferation of claims from one event, or a mass from many events

18

Alcock on proximity of perception

Need to see event with your own unaided senses

19

Who thought it was better to explain employee/employer, prisoner/prison authority cases by 'breach of relationship'?

Handford

20

Mullany on liability for communicating distressing news

If you can claim for economic loss caused by negligent misstatement, why not psychiatric injury?

21

Counselling services are not a panacea to relieve DoC always

Daw v Intel Corporation

22

Vernon v Bosley

Shock need not be the sole cause, just a cause of psychiatric injury

23

Was Lord Bridge in McLoughlin in the majority or the minority?

Minority

24

AB v Tameside, per Brooke LJ

NO AUTHORITY, but intimated any duty found to exist might not be a generalised feature of tort but specific on pre-existing patient/health authority relationship

25

What did Handford say of cases like employee/employer, prisoner/prison authority cases?

Better to explain them by 'breach of relationship' rather than primary/secondary framework - D owed obligation by virtue of a prior relationship

26

Why did G reject the Law Commission's recommendations?

Statutory list could allow undesirable claims, reliance solely on relationship test would increase insurance premiums and shock helps with insurers' evidentiary needs

27

Abduction, nightmares, psychiatric patient

Palmer v Tees Health Authority

28

What case found parents were primary victims due to a lack of a primary victim LEGALLY?

In re Organ Retention

29

Foreseeability generally insulates employer as many hide stress for fear of appearing unable to cope

Pratley v Surrey CC

30

McCarthy v Chief Constable of South Yorkshire Police

Proved close tie with deceased half-brother

31

In re Organ Retention Group Litigation general

Babies without insides

32

McLoughlin v O'Brian general

Road accident of husband and children

33

W v Essex County Council judgment

HoL declined strike out on the basis that the parents were only told

34

Mulheron on PI

Insistence on recognised PI is unjustified; should be a lower threshold of 'grievous mental harm'

35

Bexson v Lee

100 yard to unconscious body of son allowed

36

Father two-week vigil

Sion v Hampstead Health Authority

37

White v CC of South Yorkshire Police judgment

HoL limited Alcock primary victim test to those within the foreseeable zone of danger, or who believed themselves o be within it

38

What in particular showed the HoL in White v CC were wary of developing primary victim too broadly?

Steyn's heading 'thus far and no further' - leave it to the legislature

39

What do L&O find problematic about Bingham LJ's judgment in Sion?

Shock should extend to primary victim

40

Why was the judgment in Greatorex v Greatorex uncommon?

Followed German law

41

What case supports Melville v Home Office?

Harman v South Essex Mental Health

42

Palmer v Tees Health Authority judgment

CoA struck out the claim as it was immaterial that the Mother's nightmares and fears had been confirmed - did not mean she perceived the event

43

What did Lord Bridge say of foreseeability in McLoughlin?

Not a crushing burden as D is already guilty of harm

44

In what case did the court, in considering shock, look at how C subjectively perceived the event?

North Glamorgan NHS Trust v Walters

45

What judge described shock as a Sudden appreciation of a horrifying event by sight or sound which violently agitates the mind?

Lord Atner

46

Young v Charles Church general

Fatal electrocution of workmate

47

What did the Law Commission Report on Psychiatric Illness say of the distinction between primary and secondary victims?

More of a 'hindrance than a help'

48

Grieves v FT Everard general

Asbestos pleural placques - No claim for injury in negligence, but developed a PI due to worry of cancer

49

What case suggests the court may not even require reasonable fear on the behalf of C at all - just whether they were within the zone?

Young v Charles Church

50

ME

Page v Smith

51

Greatorex v Greatorex judgment

No claim because would interfere with right to self-determination, and witnessing the suffering of others is part of family life

52

Page v Smith on foreseeability

Primary victim only needs to prove a TYPE of injury was reasonably foreseeable

53

Galli-Atkinson v Seghal judgment

Immediacy requirement extended to morgue visit - very fine line between this case and Alcock

54

What case declined to rule Page v Smith was wrongly decided?

Grieves v FT Everard

55

Butchart v Home Office judgment

Analogous relationship to employers and employees to find Doc

56

What judge and in what case called the relationship requirement a 'largely arbitrary limit of liability'?

Lord Bridge in McLoughlin v O'Brian

57

what case showed shock need not be the sole cause, just a cause?

Vernon v Bosley

58

What case preferred the Page test as being 'much simpler'?

Corr v IBC

59

Hegarty v EE Caledonia

Per Brooke LJ, reasonable fear is only 'one part of the test'

60

Hambrook v Stokes Bros general

Runaway driverless lorry

61

Melville v Home Office general

Health care officer, 8 suicides

62

Barber v Somerset CC

No breach of DoC by requiring employee to carry out contractually agreed amount of work

63

What judge and in what case highlighted that reasonable fear is only 'one part of the test' for DoC in PI?

Brooke LJ in Hegarty v EE Caledonia

64

What does the case of Grieves v FT Everard not rule out?'

'Fear of the future' cases

65

What case showed that reasonable fear by C alone is insufficient?

McFarlane v EE Caledonia

66

W v Essex County Council general

Abusive foster child

67

What did Todd say of psychiatric injury area of law?

'Dreadful mess'

68

What were the two underlying issues in the early 20th century leading to scepticism of psychiatric injury claims?

Not clear if it had an underlying physical cause, and seen as a woman's illness

69

What does Handford argue about the tests for psychiatric and physical injury?

Should be equated - no to floodgate argument as RF is still a 'considerable hurdle to surmount'

70

Hatton v Sutherland general

Test case for legal duty and reasonable foreseeability in employers

71

What did the court find immaterial in Melville v Home Office?

That it was a case involving day-to-day work rather than one event

72

When was the impact of Donoghue felt in the area of psychiatric injury, and in what case?

1983 in McLoughlin v O'Brian

73

W v Essex County Council judgment

No proximity, so not secondary, but parents could claim as primary victims

74

North Glamorgan NHS Trust v Walters general

Coma and transfer of baby

75

McFarlane v EE Caledonia judgment on reasonable fear

Even if C's reaction was reasonable, D still needs to have had actual or imputed foresight that C might be imperilled or reasonably believe he was

76

What case shows there would likely be no issue working out an appropriate definition of 'rescuer' under Lord Oliver's Alcock test, despite Hoffman in White?

McFarlane v Caledonia

77

If Melville is consistent with White, on what basis must this be?

Basis of breach of DoC in not offering counselling, not suicide itself

78

What five things did the Law Commission recommend in their Report on Psychiatric Injury?

No proximity need if PI is RF; abandon 'shock'; self-endangerment should not be an absolute bar; legislation should not touch cases where C only reasonably believes a loved one is hurt; statute of fixed relationships of love and affection

79

What part of secondary victim test is Bexson v Lee authority for?

Proximity in time and space

80

What did Lord Wilberforce say of foreseeability in McLoughlin?

It is insufficient

81

What did Kennedy J say in Dulieu v White?

Doubted if public policy ALONE could justify excluding nervous shock claims

82

What did Lord Bridge say of the flood gates argument by Wilberforce in McLoughlin?

Over-exaggerated

83

No breach of DoC by requiring employee to carry out contractually agreed amount of work

Barber v Somerset CC

84

What absurdity did Atkin LJ highlight in Hambrook v Stokes Bros?

Mother can claim for fearing her own life, but not the life of her children

85

Johnston v Unisys

Exclusive jurisdiction of employment tribunals so no DoC to dismissed employee's mental health

86

Grieves v FT Everard judgment

Page did not apply as not an immediate risk and illness was not a foreseeable consequence

87

Re Creutzfeldt-Jakobs Disease Litigation judgment

Not immediate risk so Page didn't apply, but narrower bases of DoC by analogous relationship to doctor and patient

88

Butchart v Home Office general

Witness to cellmate suicide

89

Harman v South Essex Mental Health judgment

No need for close tie as not claiming as a secondary victim

90

what judge and in what case did the HoL follow in Grieves v FT Everard to determine reasonable foreseeability of employer?

Hale in Hatton v Sutherland

91

What case shows the courts having regard to psychiatric expert opinion in order to determine if addiction is a PI?

Calvert v William Hill Credit

92

Palmer v Tees Health Authority general

Abduction, psychiatric patient, murder 4

93

What case suggested that unwitting agents of misfortune ARE primary victims?

W v Essex CC

94

What did Lord Goff say of Page v Smith in White v Chief Constable?

Misunderstood eggshell skull rule, departure from The Wagon Mound and no previous authority

95

Hatton v Sutherland on shock

Court should try to separate negligence from other causes of C's condition when assessing damages

96

What did Lord Walker say of LJ Hale's judgment in Hatton?

'Nothing like statutory force' and every case is fact dependent

97

Greatorex v Greatorex general

Son crash, Father fireman

98

How do L&O think W v Essex CC should be better argued?

Local authority assumed responsibility rather than diluting perception requirement

99

What did the Law Commission Report say on self-determination?

Give effect to it, but carelessness gives a strong argument for allowing a claim to interfere with self-determination

100

Donachie v Chief Constable of Greater Manchester judgment

Found DoC as reasonably foreseeable

101

What did Sir Richard Couch in Victorian Railway Commissioners v Coultas say?

Fear of 'imaginary claims' and causation issues in psychiatric injury claims

102

What case made it significantly easier for primary victims to claim?

Page v Smith

103

What judge highlighted an issue with the definition of a 'rescuer' in White?

Lord Hoffman

104

How does Stapleton refer to psychiatric injury?

Part of the law which has the 'silliest of rules'

105

What judge and what case did the HoL follow in Alcock?

Wilberforce in McLoughlin

106

How do we know the judiciary accept psychiatric injury area of law is unsatisfactory?

Lord Hoffman in White said the search for principle had been 'called off'

107

Dulieu v White relevance

Was nervous shock then, but would it be considered psychiatric injury NOW , because the result was a miscarriage

108

Who gave a gender-based historical explanation for slow development in PI?

Chanellas and Kerber

109

Sion v Hampstead Health Authority general

Father two-week vigil

110

What judge in White v CC made reference to distributive justice, and what was his argument?

Lord Hoffman - if rejected DoC in Alcock, how could they allow White?

111

what does the case of In re Organ Retention show?

White's primary victims test is not definitive, and category of primary victims is never closed

112

What did the court highlight in particular in McLoughlin in order to find a DoC?

Speediness of getting to hospital and their state when she got there

113

W v Essex County Council general

Abusive foster child

114

What case said aftermath extends both temporally and spatially forward from an accident?

McLoughlin v O'Brian

115

Why did Handford not believe floodgates argument is test for physical and psychiatric injury were to be equated?

Reasonable foreseeability is still a 'considerable hurdle to surmount'

116

Corr v IBC

Page is a 'much simpler test' even if occasionally it leads to damages for an unforeseeable injury

117

Which academic highlights psychiatric injury can actually last longer and be more debilitating than physical injury?

Handford

118

Alcock v Chief Constable of South Yorkshire general

Hillsborough - various groups

119

Grief, distress, anxiety or shock are insufficient

White v Chief Constable of South Yorks Police

120

Alcock on proximity of relationship

Narrower rebuttable presumption of 'close tie' by excluding siblings

121

What did a bare majority in McLoughlin find?

Atkin's DoC test did not apply - psychiatric injury requires special, narrower and more limited rules

122

Which academic advocates wiping out recovery for nervous shock as liability for PI is too expansive?

Stapleton

123

What were the two examples of those involved 'mediately' given by Lord Oliver in Alcock?

Rescuers and 'unwitting agents of misfortune'

124

What judge and in what case said that the search for principle had been 'called off' in the case of psychiatric injury cases?

Lord Hoffman in wHITE

125

What case shows the change in name has had an effect on the nature of the claim?

dulieu v White

126

What case gave a general DoC definition?

Donoghue v Stevenson

127

Stapleton criticism on psychiatric injury

Wipe out recovery for nervous shock as liability for PI is too expansive

128

Why did the courts prefer the name PI to nervous shock?

Shock, they believed, trivialised the significance of the illness

129

What judge in what case doubted if public policy alone could justify excluding nervous shock claims?

Kennedy J in Dulieu v White

130

What judge and in what case gave two examples of those involved 'mediately' as primary victims?

Lord Oliver in Alcock

131

Dzioban and Tettenborn on AB v Tameside

Duty would have restricted effect on speech and news reporting, so there should be no general feature in tort law of liability for communicating distressing news

132

In what case did the court decide a court should attempt to separate negligence from other causes of C's condition when assessing damages?

Hatton v Sutherland

133

In which case did the HoL decline a strike out on the basis that proximity of perception was not fulfilled due to only being told?

W v Essex County Council

134

In re Organ Retention Group Litigation judgment

Parents were primary victims because babies had no distinct legal personality - parents analogous to patients

135

On what basis was a DoC found in Re Creutzfeldt-Jakobs Disease Litigation

Analogous relationship to doctor and patient

136

Sion v Hampstead Health Authority judgment

Not a single, shocking event

137

North Glamorgan NHS Trust v Walters judgment

CoA looked at how C subjectively perceived the event - as one long, shocking event

138

what case is hard to fit with White under unwitting agents of misfortune?

W v Essex County Council

139

What was the issue with the courts changing the name from nervous shock to PI?

Changed the nature of the claim, focusing on the result as opposed to the cause

140

What HC of Australia case stated no DoC owed by bearer of bad news to recipient?

Tame v NSW

141

Farrell v Merton

No need for mother to direct perceive disability at time of delivery of the disabled child as a result of negligence in ante-natal care

142

Alcock v Chief Constable of south Yorkshire judgment

HoL set down PI DoC requirements, following Wilberforce in McLoughlin

143

How was a primary victim described in Alcock?

Those involved 'mediately or immediately' in the accident

144

Dulieu v White general

Pub, pregnant woman, miscarriage

145

Alcock on proximity in time and space

Those going to the morgue knew what happened and significant time lapse

146

What academic highlighted that Phillimore J in White ascertained 'reasonable' through gender stereotypes?

Mitchell

147

Exclusive jurisdiction of employment tribunals so no DoC to dismissed employee's mental health

Johnston v Unisys

148

Dooley v Cammell

crane dropped load, aggravated neurasthenia

149

Who gave a powerful dissenting speech in White?

Lord Goff

150

Hunter v British Coal judgment

proximity of time and space still applies to unwitting agents of misfortune, so maybe not primary

151

Hatton v Sutherland judgment

Employer can assume employee is mentally stable enough for job, and foreseeability of STRESS is insufficient

152

What did the court in W v Essex CC explicitly refuse to do?

Remove the category of unwitting agents of misfortune

153

Lord Atner on shock

Sudden appreciation of a horrifying event by sight or sound which violently agitates the mind

154

What did both the CoA and HoL in Hatton highlight?

No profession is more foreseeable to cause PI than another

155

What case showed a claim for PI cannot interfere with self-determination?

Greatorex v Greatorex

156

Hambrook v Stoke Bros on proximity of perception

Still fulfilled even though out of sight and round the corner as she saw the lorry go in that direction

157

AB v Tameside general

HIV doctor, by letter

158

daw v Intel Corporation

Counselling services are not a panacea to relieve DoC always

159

What case revised the primary victim description from Alcock?

White v Chief Constable of South Yorkshire Police

160

What was set down in Alcock?

HoL set down PI DoC

161

What case looked at whether addiction was a PI?

Calvert v William Hill Credit

162

Tame v New South Wales

No DoC owed by bearer of bad news to the recipient - HIGH COURT OF AUSTRALIA

163

What did Lord Goff say of the primary victim test in White?

Draws arbitrary lines - rescuer to one part of train can claim but not the other, and allows them to claim even if they didn't know they were in danger

164

What case showed a primary victim only needs to show a type of injury was reasonably foreseeable?

Page v Smith

165

Who said psychiatric injury is a part of the law with the 'silliest of rules'?

Stapleton

166

Calvert v William Hill Credit judgment

1st instance judgment looking at whether addiction was a PI by making use of psychiatric experts and the DSM

167

Pratley v Surrey County Council

Foreseeability generally insulates employer as many hide stress for fear of appearing unable to cope

168

Foreseeability of what was insufficient for DoC in Hatton?

Foreseeability of stress

169

Page v Smith recognised PI

ME

170

Sion v Hampstead Health Authority on wider principle of assumption of responsibility

Duty may apply to Father, but not in that case

171

McFarlane v EE Caledonia on proximity of relationship

Rejected liability to mere bystanders given the subjective nature of 'horrific events'

172

What do L&O, despite uncertainty, allow about Bingham LJ's dicta in Sion?

Case law does show no need for shock in certain primary victim cases where D has assumed responsibility for C's mental health

173

McLoughlin v O'Brian on proximity in time and space

Aftermath extends both temporally and spatially forward (i.e. to the hospital)

174

Grieves v FT Everard on stress-related illness through fear of physical illness

HoL followed Hale in Hatton - employer couldn't reasonably have known reaction years after employment

175

Hartman v South Essex Mental Health general

Prison officer, suicide, no counselling

176

Sion v Hampstead Health Authority, per Bingham LJ

Shock requirement does not extend to primary victim

177

What academics argue against liability for communicating distressing news as it would restrict speech and news reporting?

Dzioban and Tettenborn

178

Galli-Atkinson v Seghal general

Dance lesson, killed

179

Donachie v Chief Constable of Greater Manchester general

Police, tagging car, 9

180

Chanellas and Kerber

Gender-based historical explanation for slow development - alignment of claims and illness with 'feminine' attributes

181

What case rejected liability to mere bystanders given the subjective nature of 'horrific events'?

McFarlane v EE Caledonia

182

What did Lady Justice Hal say of foreseeability in Hatton v Sutherland?

It was enough to establish a DoC

183

What is the principle of assumption of responsibility used for?

To rationalise occupational stress cases - supported by Handford

184

White v Chief Constable of South Yorks Police recognised PI

Grief, distress, anxiety or shock are insufficient

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