Psychiatric Injury in UK Law
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Reforming Liability for Psychiatric Injury in Scotland: A Recipe for Uncertainty?
It is widely acknowledged that the common law rules governing liability for psychiatric injury in the United Kingdom are in an unsatisfactory state. The Scottish Law Commission has now published a ...
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Sticks, Stones and Words: Emotional Harm and the English Criminal Law
This article discusses the rule that criminal liability does not normally attach for the causing of emotional harm or mental distress in the absence of proof of a ‘recognised psychiatric injury’. I...... ... or mental distress in the absence of proof of a ‘recognised psychiatric injury’. It considers what is involved in the diagnosis of psychiatric ... ...
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Negligently Caused Psychiatric Harm: Recovering Principle and Fairness after the Alcock-Up at Hillsborough
This article argues that the law concerning pure psychiatric harm caused by negligence has been in a state of disrepair since the decision in Alcock. It is contended that the present unsatisfactory...... ... victims and the requirement for sudden shock, as well as continuing to use expert medical evidence to help determine causation for psychiatric injury. This article concludes that implementing such changes would lead to a fairer and more balanced situation whereby deserving claimants have a greater ... ...
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Domestic Abuse, Suicide and Liability for Manslaughter: In Pursuit of Justice for Victims
There is significant debate about the attribution of criminal responsibility for involuntary manslaughter to a defendant who has subjected a victim to a protracted campaign of emotional abuse (fall...... ... to a protracted campaign of emotional abuse (falling short of psychiatric injury), where the victim has consequently taken their own life. By virtue ... ...
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Should employers worry? ‐ Workplace stress claims following the John Walker decision
In 1995 a social worker employed by Northumberland County Council won a landmark victory in the High Court by suing his employer in respect of a stress‐related illness brought about by work overloa...... ... that employees faced considerable barriers to bringing personal injury claimsbased on psychiatric harm. However, the research also reveals that ... ...
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Employers' Liability at Common Law: Two Competing Paradigms
... ... requiring an employee to undergo a psychiatric examination; 10 10 Bliss v South East Thames Regional Health Authority ... employees are entitled, at common law, to damages for psychiatric injury caused by a breach of the trust duty. 21 21 Gogay v Hertfordshire County ... ...
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Re-establishing the Search for Principle Lord Goff's Dissent in White v Chief Constable of South Yorkshire Police [1999] 2 AC 455
... ... to the relatives of those who died at Hillsborough for the psychiatric injuries which befell them, with the defendant Chief Constable ... were on duty that day brought their own claim for the psychiatric injury 5 which they had suffered from their involvement at the stadium. The ... ...
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“… And Injustice for All”: First Thoughts on Secondary Victims Following Young v MacVean
... ... She sought both reparation for psychiatric injury suffered as a secondary victim of the accident and compensation as ... ...
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Liability in Negligence for Nervous Shock
Nicholas J. Mullany and Peter R. Handford, Tort Liability for Psychiatric Damage: The Law of ‘Nervous Shock,’... ... Mullany and Peter R. Handford, Tort Liability for Psychiatric Damage: The Law of ‘Nervous Shock,’ Sydney: The Law Book ... What might be the essential features of a system of personal injury law, the sole aim of which was to produce a great deal of ... ...
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Recent Judicial Decisions
... ... and the plaintiffs, giving rise to a dutyof care embracing psychiatric illness, but that duty did not arise where thepolice officer was a ... "There is no justification for regarding physical and psychiatric injury asdifferent 'kinds'ofinjury" was a generally applicable ... ...
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