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Pure Psychiatric Injury - Coggle Diagram
Pure Psychiatric Injury
Preconditions
(i)a recognised psychiatric injury
McLoughlin v O’Brian
Alcock v CC of South Yorkshire Police
Paul v Royal Wolverhampton
(citing the article, Mulheron, ‘Rewriting the Requirement for a ''Recognized Psychiatric Injury' in Negligence Claims’ (2012) 32 OJLS 77 which criticises that requirement)
reasons:
policy
argued more easy to fake than physical injury
remoteness
de minimis principle
diagnostic classifications:
American Diagnostic and Statistical Manual of Mental Disorders (DSM-V-TR, published Mar 2022)
International Classification of Diseases and Related Health Problems (ICD-11, published 18 Jun 2018, revised 11 Feb 2022)
but not all judges follow
Zeromska-Smith v United Lincolnshire Hosp NHS Trust
'personality change' also included
D v Bishop’s Conference of Scotland
what is excluded:
Reilly v Merseyside HA
RK (on behalf of AK and MK) v Oldham NHS Trust
ordinary human emotions
ex. anger, anxiety, fear of the future, worry
not over de minimis threshold for physical injury
ex. vomiting, sweating
evaluation proving they have one of these conditions before a claim can even be pursued
(ii) type of claimant
primary
victim
involved immediately/mediately as a participant
as opposed to passive witness/spectator to the injury caused to another (secondary)
typical PV:
in zone of physical danger
Page v Smith
Donachie v Chief Constable of The Greater Manchester Police
proviso
Fagan v Goodman
McFarlane v EE Caledonia
must reasonably believe that they are in this zone of danger
guilt ridden?
traditional view
Hunter v British Coal Corp
BUT
1 more item...
survivors guilt not enough
1 more item...
rescuers?
changing status since Alcock
White v Chief Constable of South Yorkshire Police
Chadwick v British Transport Commission
if NOT in zone of physical danger while rescuing
3 more items...
Alcock v Chief Constable of South Yorkshire Police
could be rescuers, those who fear for safety etc.
Johnston v NEI Intl Combustion Ltd
secondary
victim
spectator or bystander
Page v Smith
passive and unwilling witness of injury caused to others
Alcock v Chief Constable of South Yorkshire Police
Paul v The Royal Wolverhampton NHS Trust
elevated primary
victim
stressed at work claimant (not considered)
fear of future claimant (not considered)
residuary
category of claimant
Meaning
White v Chief Constable of South Yorkshire Police
Taylor v A Novo (UK) Ltd
Wokingham BC v Arshad
distinguish from pure consequential injury
Johnson v Le Roux Fourie
Guidelines for Assessment of General Damages in Personal Injury Cases (16th edn, 2022)
more circumvented since 2024
Paul v The Royal Wolverhampton NHS Trust
limited the scope of psychiatric injury
(not consequential upon physical harm)
not difficult to recover while suing for physical injury
can 'tack on' to claim - building upon physical damage
NO physical injury at all
just mental
finite resources
Sion v Hampstead
limited resources available in terms of insurance pots
not necessarily in the public interest to award damages
Duty of Care
PV
prerequisites:
(i) test of foreseeability: physical or psychiatric injury
(ii) legal proximity
(iii) public policy considerations
(iv) normal fortitude rule does NOT apply
(v) no requirement of shock?
SV prerequisites:
(i) reasonable foreseeability of psychiatric harm
(ii) relationship proximity: close tie of love/affection
(iii) spatial/temporal proximity
(iv) direct perception of accident or aftermath
(v) normal fortitude rule applies
(vi) requirement of shock - OVERRULED
(vii) public policy considerations
EPV prerequisites:
RC prerequisites:
Breach
Causation
