Unit 4b Prt 3: Psychiatric Injury

Question 1

Injury

Answer 1

Must be an injury that is more than normal human emotions (mcgloghlin v O’Brian)

Question 2

Claimant

Answer 2

Primary - first hand experience of an event (dilue v white)
Or active rescuer (

Secondary - witness the event or immediate aftermath (alcock)

Question 3

Primary victim=Causation

Answer 3

Normal
But for test - barnett v chelsea
Reasonably foreseeable - wagon mound
Thin skull rule - smith v leech brain

Question 5

Secondary criteria prt 1

Answer 5

Alcock outlines first 3 parts

1. Close ties in love and relationship, must be family or spouse
2. Proximate in time and space, must have been close to the event occurring
3. Experience with own unaided senses

Question 6

Secondary criteria prt 2

Answer 6

4. Event must have been a sudden shock/assault on senses (Sion v Hampstead HA)
5. Event must have reasonably been expected to cause PI (Brice v Brown)