TORT- PSYCHIATRIC INJURY (Medically recognised psychiatric injury? (:red…
TORT- PSYCHIATRIC INJURY
Medically recognised psychiatric injury?
Not a DOC
Hinz v Berry
White v CC of South Yorkshire
"The law cannot compensate for all emotional suffering even if it is acute and truly debilitating."
Compensation for psychiatric injury would impede recovery.
Caused by physical injury?
Use normal principles to establish DOC
Where a claimant suffers both physical and psychiatric harm, the latter is part of the claim for physical harm
Is it reasonably forseeable that the defendant would suffer
Page v Smith
Was the claimant either a) objectively exposed to physical danger or b) not in danger, but reasonably believed that they were? (
White v CC of South Yorkshire Police
Is it reasonably forseeable that a person of ordinary fortitute would suffer psychiatric damage? (
Bourhill v Young
Did the claimant have a proximate relationship with the ‘immediate victim’ of a shocking incident based on close ties of love and affection? (
Alcock v CC of South Yorks Police
2 more items...
e.g. Organic depression-
Hinz v Berry
Pathological grief (
Vernon v Bosley)
or miscarriage (
Bourhill v Young)
or personality disorder (
Chadwick v British Railways Board
) or PTSD (
Leach v CC of Gloucestershire Constabulary
NOT: normal grief (
Vernon v Bosley
) or distress (
Kralj v McGrath