Psychiatric Harm

• Psychiatric Harm

  It must be a recognisable psychiatric condition - Hicks v CC of South Yorkshire.
• Hicks v CC of South Yorkshire states 


  It must be a recognisable psychiatric condition
• What are insufficient following the definition of psychiatric harm...

  • Fear
  • Terror
  • Distress
• Page v Smith...


  Distinguished between Primary and Secondary victims
• Primary Victim

  Someone who is injured or at risk of injury
• What is a Primary victim (extension of Negligence)

  • Remoteness of Damage
  • Harm foreseeable
• Secondary Victim

  Someone who is not injured or at risk of injury but suffered psychiatric harm
• Secondary victims must suffice what?

  Alcock Criteria
• The Alcock criteria has how many parts?

  3
• What are the three points of the Alcock Criteria?

  1. There must be close ties of love and affection
  2. Sufficient proximity to the accident or its immediate aftermath
  3. The Claimant must have suffered the shock through their own unaided senses
• There must be close ties of what?

  • Love
  • Affection
• The proximity should be __________ to the accident or its _________ aftermath

  • Sufficient
  • Immediate
• C must have suffered _____ through their ___ _______ senses

  • Shock
  • Own
  • Unaided
• What do Paul v Royal Wolverhampton Heath NHS Trust state about the 3rd element in the Alcock criteria?

  It must come from a single event
• Where is the third element of the Alcock Criteria seen?

  Sion v Hampstead Health Authority
• Authority for the 2nd element of the Alcock Criteria

  McCloughlin v O'Brian