PSYCHIATRIC HARM

• What case established that identifiable psychiatric conditions must be present for claims?

  Dulieu v White
• What does the law state about normal human emotions in negligence claims?

  They are not compensatable
• What type of victim suffers personal injury and develops psychiatric injury?

  Personal injury claim victim
• Who is classified as a primary victim?

  A victim fearing for their own safety
• Who is classified as a secondary victim?

  A victim fearing for someone else's safety
• What case applies the Caparo three-stage test for primary victims?

  Page v Smith
• What is the first question in the duty of care test for primary victims?

  Is personal injury foreseeable?
• What does Lord Hoffmann state about psychiatric illness in Rothwell v Chemical and Insulating Co Ltd?

  It does not extend to unusually vulnerable persons
• What are the considerations for imposing a duty of care?

  Fairness, justness, and reasonableness
• What case established restrictions for secondary victims?

  McLoughlin v O’Brian
• What must be proven for secondary victims regarding psychiatric damage?

  Foreseeability of psychiatric damage
• What is required for proximity of relationship in secondary victims?

  Proximity in time and space
• What case discusses the requirement for sudden shock in secondary victims?

  Alcock v Chief Constable
• What are the concerns regarding imposing a duty of care?

  Floodgates and fraudulent claims
• What does Lord Steyn state about litigation as a disincentive?

  It may hinder rehabilitation efforts
• What did Lord Steyn say about the need for consistency in law?

  It prevents perplexity in the law
• What did Lord Hoffmann suggest about the role of Parliament?

  It should handle radical law reform
• What were the recommendations from the 1998 report on liability for psychiatric illness?

  • Remove unnecessary constraints
  • Abolish distinction between victim types
  • Remove foreseeability requirement
  • Stricter rules for indirect victims
• What were the key points of the Negligence and Damages Bill 2015/16?

  • Align psychiatric harm with personal injury
  • Recognised psychiatric illness required
  • Removed sudden shock requirement
  • Increased recovery eligibility
• What should be considered when applying the duty of care test?

  • Year of case decision
  • Overlap of foreseeability and proximity
  • Control factors for secondary victims
  • Balance between limiting liability and remedy