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Law Second Year > Tort Law - Psychiatric Injury > Flashcards

Tort Law - Psychiatric Injury Flashcards

1
Q

White v Chief constable of South Yorkshire Police general

A

Hillsborough police officers

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2
Q

How do L&O suggest we should explain W v Essex CC so it fits under White?

A

Emphasis on C’s breach of duty instead

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3
Q

Name at least two cases showing application of unwitting agents of misfortune test

A

Dooley v Cammell; Hunter v British Coal; W v Essex County Council

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4
Q

What case seemed to suggest unwitting agents of misfortune are not primary victims?

A

Hunter v British Coal

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5
Q

What judge in McLoughlin gave a policy argument against recognising DoC in psychiatric injury widely, and what was it?

A

Wide definition of shock would need to be limited by proximity of relationship, perception and time and space, and possibility of ‘proliferation of claims’ if not narrowed

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6
Q

What did Lord Bridge say of the relationship requirement in McLoughlin by majority?

A

Imposes a ‘largely arbitrary limit of liability’

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7
Q

Hunter v British Coal general

A

Hydrant, only reacted to what he was told

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8
Q

Calvert v William Hill Credit recognised PI

A

Addiction

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9
Q

Young v Charles Church judgment

A

Court seemed to solely ask C to prove they were within the zone, irrespective of awareness, or injury as a result of his awareness

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10
Q

Melville v Home Office judgment

A

Extended occupational stress claims to shock, removing proximity of relationship requirement needed if claiming as a secondary victim

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11
Q

Re Creutzfeldt-Jakobs Disease Litigation general

A

Growth home, dwarves as children

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12
Q

Mitchell criticising PI

A

Builds on gender stereotype argument - Phillimore J in White ascertains ‘reasonable’ through gender stereotypes

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13
Q

What case drew a very fine line between it and Alcock?

A

Galli-Atkinson v Seghal

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14
Q

What judge said that the court in Page v Smith misunderstood the eggshell skull rule, departed from The Wagon Mound and on no previous authority?

A

Lord Goff in White v Chief Constable

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15
Q

Name two cases which seek to show application of a wider principle of assumption of responsibility?

A

Farrell v Merton; Sion v Hampstead Health Authority

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16
Q

McFarlane v Caledonia on definition

A

Court already dealt with definition of rescuers without much of an issue

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17
Q

What argument did the Law Commission find most persuasive for a restrictive approach?

A

floodates argument of a proliferation of claims from one event, or a mass from many events

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18
Q

Alcock on proximity of perception

A

Need to see event with your own unaided senses

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19
Q

Who thought it was better to explain employee/employer, prisoner/prison authority cases by ‘breach of relationship’?

A

Handford

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20
Q

Mullany on liability for communicating distressing news

A

If you can claim for economic loss caused by negligent misstatement, why not psychiatric injury?

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21
Q

Counselling services are not a panacea to relieve DoC always

A

Daw v Intel Corporation

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22
Q

Vernon v Bosley

A

Shock need not be the sole cause, just a cause of psychiatric injury

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23
Q

Was Lord Bridge in McLoughlin in the majority or the minority?

A

Minority

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24
Q

AB v Tameside, per Brooke LJ

A

NO AUTHORITY, but intimated any duty found to exist might not be a generalised feature of tort but specific on pre-existing patient/health authority relationship

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25
Q

What did Handford say of cases like employee/employer, prisoner/prison authority cases?

A

Better to explain them by ‘breach of relationship’ rather than primary/secondary framework - D owed obligation by virtue of a prior relationship

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26
Q

Why did G reject the Law Commission’s recommendations?

A

Statutory list could allow undesirable claims, reliance solely on relationship test would increase insurance premiums and shock helps with insurers’ evidentiary needs

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27
Q

Abduction, nightmares, psychiatric patient

A

Palmer v Tees Health Authority

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28
Q

What case found parents were primary victims due to a lack of a primary victim LEGALLY?

A

In re Organ Retention

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29
Q

Foreseeability generally insulates employer as many hide stress for fear of appearing unable to cope

A

Pratley v Surrey CC

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30
Q

McCarthy v Chief Constable of South Yorkshire Police

A

Proved close tie with deceased half-brother

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31
Q

In re Organ Retention Group Litigation general

A

Babies without insides

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32
Q

McLoughlin v O’Brian general

A

Road accident of husband and children

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33
Q

W v Essex County Council judgment

A

HoL declined strike out on the basis that the parents were only told

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34
Q

Mulheron on PI

A

Insistence on recognised PI is unjustified; should be a lower threshold of ‘grievous mental harm’

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35
Q

Bexson v Lee

A

100 yard to unconscious body of son allowed

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36
Q

Father two-week vigil

A

Sion v Hampstead Health Authority

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37
Q

White v CC of South Yorkshire Police judgment

A

HoL limited Alcock primary victim test to those within the foreseeable zone of danger, or who believed themselves o be within it

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38
Q

What in particular showed the HoL in White v CC were wary of developing primary victim too broadly?

A

Steyn’s heading ‘thus far and no further’ - leave it to the legislature

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39
Q

What do L&O find problematic about Bingham LJ’s judgment in Sion?

A

Shock should extend to primary victim

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40
Q

Why was the judgment in Greatorex v Greatorex uncommon?

A

Followed German law

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41
Q

What case supports Melville v Home Office?

A

Harman v South Essex Mental Health

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42
Q

Palmer v Tees Health Authority judgment

A

CoA struck out the claim as it was immaterial that the Mother’s nightmares and fears had been confirmed - did not mean she perceived the event

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43
Q

What did Lord Bridge say of foreseeability in McLoughlin?

A

Not a crushing burden as D is already guilty of harm

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44
Q

In what case did the court, in considering shock, look at how C subjectively perceived the event?

A

North Glamorgan NHS Trust v Walters

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45
Q

What judge described shock as a Sudden appreciation of a horrifying event by sight or sound which violently agitates the mind?

A

Lord Atner

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46
Q

Young v Charles Church general

A

Fatal electrocution of workmate

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47
Q

What did the Law Commission Report on Psychiatric Illness say of the distinction between primary and secondary victims?

A

More of a ‘hindrance than a help’

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48
Q

Grieves v FT Everard general

A

Asbestos pleural placques - No claim for injury in negligence, but developed a PI due to worry of cancer

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49
Q

What case suggests the court may not even require reasonable fear on the behalf of C at all - just whether they were within the zone?

A

Young v Charles Church

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50
Q

ME

A

Page v Smith

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51
Q

Greatorex v Greatorex judgment

A

No claim because would interfere with right to self-determination, and witnessing the suffering of others is part of family life

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52
Q

Page v Smith on foreseeability

A

Primary victim only needs to prove a TYPE of injury was reasonably foreseeable

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53
Q

Galli-Atkinson v Seghal judgment

A

Immediacy requirement extended to morgue visit - very fine line between this case and Alcock

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54
Q

What case declined to rule Page v Smith was wrongly decided?

A

Grieves v FT Everard

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55
Q

Butchart v Home Office judgment

A

Analogous relationship to employers and employees to find Doc

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56
Q

What judge and in what case called the relationship requirement a ‘largely arbitrary limit of liability’?

A

Lord Bridge in McLoughlin v O’Brian

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57
Q

what case showed shock need not be the sole cause, just a cause?

A

Vernon v Bosley

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58
Q

What case preferred the Page test as being ‘much simpler’?

A

Corr v IBC

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59
Q

Hegarty v EE Caledonia

A

Per Brooke LJ, reasonable fear is only ‘one part of the test’

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60
Q

Hambrook v Stokes Bros general

A

Runaway driverless lorry

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61
Q

Melville v Home Office general

A

Health care officer, 8 suicides

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62
Q

Barber v Somerset CC

A

No breach of DoC by requiring employee to carry out contractually agreed amount of work

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63
Q

What judge and in what case highlighted that reasonable fear is only ‘one part of the test’ for DoC in PI?

A

Brooke LJ in Hegarty v EE Caledonia

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64
Q

What does the case of Grieves v FT Everard not rule out?’

A

‘Fear of the future’ cases

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65
Q

What case showed that reasonable fear by C alone is insufficient?

A

McFarlane v EE Caledonia

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66
Q

W v Essex County Council general

A

Abusive foster child

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67
Q

What did Todd say of psychiatric injury area of law?

A

‘Dreadful mess’

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68
Q

What were the two underlying issues in the early 20th century leading to scepticism of psychiatric injury claims?

A

Not clear if it had an underlying physical cause, and seen as a woman’s illness

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69
Q

What does Handford argue about the tests for psychiatric and physical injury?

A

Should be equated - no to floodgate argument as RF is still a ‘considerable hurdle to surmount’

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70
Q

Hatton v Sutherland general

A

Test case for legal duty and reasonable foreseeability in employers

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71
Q

What did the court find immaterial in Melville v Home Office?

A

That it was a case involving day-to-day work rather than one event

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72
Q

When was the impact of Donoghue felt in the area of psychiatric injury, and in what case?

A

1983 in McLoughlin v O’Brian

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73
Q

W v Essex County Council judgment

A

No proximity, so not secondary, but parents could claim as primary victims

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74
Q

North Glamorgan NHS Trust v Walters general

A

Coma and transfer of baby

75
Q

McFarlane v EE Caledonia judgment on reasonable fear

A

Even if C’s reaction was reasonable, D still needs to have had actual or imputed foresight that C might be imperilled or reasonably believe he was

76
Q

What case shows there would likely be no issue working out an appropriate definition of ‘rescuer’ under Lord Oliver’s Alcock test, despite Hoffman in White?

A

McFarlane v Caledonia

77
Q

If Melville is consistent with White, on what basis must this be?

A

Basis of breach of DoC in not offering counselling, not suicide itself

78
Q

What five things did the Law Commission recommend in their Report on Psychiatric Injury?

A

No proximity need if PI is RF; abandon ‘shock’; self-endangerment should not be an absolute bar; legislation should not touch cases where C only reasonably believes a loved one is hurt; statute of fixed relationships of love and affection

79
Q

What part of secondary victim test is Bexson v Lee authority for?

A

Proximity in time and space

80
Q

What did Lord Wilberforce say of foreseeability in McLoughlin?

A

It is insufficient

81
Q

What did Kennedy J say in Dulieu v White?

A

Doubted if public policy ALONE could justify excluding nervous shock claims

82
Q

What did Lord Bridge say of the flood gates argument by Wilberforce in McLoughlin?

A

Over-exaggerated

83
Q

No breach of DoC by requiring employee to carry out contractually agreed amount of work

A

Barber v Somerset CC

84
Q

What absurdity did Atkin LJ highlight in Hambrook v Stokes Bros?

A

Mother can claim for fearing her own life, but not the life of her children

85
Q

Johnston v Unisys

A

Exclusive jurisdiction of employment tribunals so no DoC to dismissed employee’s mental health

86
Q

Grieves v FT Everard judgment

A

Page did not apply as not an immediate risk and illness was not a foreseeable consequence

87
Q

Re Creutzfeldt-Jakobs Disease Litigation judgment

A

Not immediate risk so Page didn’t apply, but narrower bases of DoC by analogous relationship to doctor and patient

88
Q

Butchart v Home Office general

A

Witness to cellmate suicide

89
Q

Harman v South Essex Mental Health judgment

A

No need for close tie as not claiming as a secondary victim

90
Q

what judge and in what case did the HoL follow in Grieves v FT Everard to determine reasonable foreseeability of employer?

A

Hale in Hatton v Sutherland

91
Q

What case shows the courts having regard to psychiatric expert opinion in order to determine if addiction is a PI?

A

Calvert v William Hill Credit

92
Q

Palmer v Tees Health Authority general

A

Abduction, psychiatric patient, murder 4

93
Q

What case suggested that unwitting agents of misfortune ARE primary victims?

A

W v Essex CC

94
Q

What did Lord Goff say of Page v Smith in White v Chief Constable?

A

Misunderstood eggshell skull rule, departure from The Wagon Mound and no previous authority

95
Q

Hatton v Sutherland on shock

A

Court should try to separate negligence from other causes of C’s condition when assessing damages

96
Q

What did Lord Walker say of LJ Hale’s judgment in Hatton?

A

‘Nothing like statutory force’ and every case is fact dependent

97
Q

Greatorex v Greatorex general

A

Son crash, Father fireman

98
Q

How do L&O think W v Essex CC should be better argued?

A

Local authority assumed responsibility rather than diluting perception requirement

99
Q

What did the Law Commission Report say on self-determination?

A

Give effect to it, but carelessness gives a strong argument for allowing a claim to interfere with self-determination

100
Q

Donachie v Chief Constable of Greater Manchester judgment

A

Found DoC as reasonably foreseeable

101
Q

What did Sir Richard Couch in Victorian Railway Commissioners v Coultas say?

A

Fear of ‘imaginary claims’ and causation issues in psychiatric injury claims

102
Q

What case made it significantly easier for primary victims to claim?

A

Page v Smith

103
Q

What judge highlighted an issue with the definition of a ‘rescuer’ in White?

A

Lord Hoffman

104
Q

How does Stapleton refer to psychiatric injury?

A

Part of the law which has the ‘silliest of rules’

105
Q

What judge and what case did the HoL follow in Alcock?

A

Wilberforce in McLoughlin

106
Q

How do we know the judiciary accept psychiatric injury area of law is unsatisfactory?

A

Lord Hoffman in White said the search for principle had been ‘called off’

107
Q

Dulieu v White relevance

A

Was nervous shock then, but would it be considered psychiatric injury NOW , because the result was a miscarriage

108
Q

Who gave a gender-based historical explanation for slow development in PI?

A

Chanellas and Kerber

109
Q

Sion v Hampstead Health Authority general

A

Father two-week vigil

110
Q

What judge in White v CC made reference to distributive justice, and what was his argument?

A

Lord Hoffman - if rejected DoC in Alcock, how could they allow White?

111
Q

what does the case of In re Organ Retention show?

A

White’s primary victims test is not definitive, and category of primary victims is never closed

112
Q

What did the court highlight in particular in McLoughlin in order to find a DoC?

A

Speediness of getting to hospital and their state when she got there

113
Q

W v Essex County Council general

A

Abusive foster child

114
Q

What case said aftermath extends both temporally and spatially forward from an accident?

A

McLoughlin v O’Brian

115
Q

Why did Handford not believe floodgates argument is test for physical and psychiatric injury were to be equated?

A

Reasonable foreseeability is still a ‘considerable hurdle to surmount’

116
Q

Corr v IBC

A

Page is a ‘much simpler test’ even if occasionally it leads to damages for an unforeseeable injury

117
Q

Which academic highlights psychiatric injury can actually last longer and be more debilitating than physical injury?

A

Handford

118
Q

Alcock v Chief Constable of South Yorkshire general

A

Hillsborough - various groups

119
Q

Grief, distress, anxiety or shock are insufficient

A

White v Chief Constable of South Yorks Police

120
Q

Alcock on proximity of relationship

A

Narrower rebuttable presumption of ‘close tie’ by excluding siblings

121
Q

What did a bare majority in McLoughlin find?

A

Atkin’s DoC test did not apply - psychiatric injury requires special, narrower and more limited rules

122
Q

Which academic advocates wiping out recovery for nervous shock as liability for PI is too expansive?

A

Stapleton

123
Q

What were the two examples of those involved ‘mediately’ given by Lord Oliver in Alcock?

A

Rescuers and ‘unwitting agents of misfortune’

124
Q

What judge and in what case said that the search for principle had been ‘called off’ in the case of psychiatric injury cases?

A

Lord Hoffman in wHITE

125
Q

What case shows the change in name has had an effect on the nature of the claim?

A

dulieu v White

126
Q

What case gave a general DoC definition?

A

Donoghue v Stevenson

127
Q

Stapleton criticism on psychiatric injury

A

Wipe out recovery for nervous shock as liability for PI is too expansive

128
Q

Why did the courts prefer the name PI to nervous shock?

A

Shock, they believed, trivialised the significance of the illness

129
Q

What judge in what case doubted if public policy alone could justify excluding nervous shock claims?

A

Kennedy J in Dulieu v White

130
Q

What judge and in what case gave two examples of those involved ‘mediately’ as primary victims?

A

Lord Oliver in Alcock

131
Q

Dzioban and Tettenborn on AB v Tameside

A

Duty would have restricted effect on speech and news reporting, so there should be no general feature in tort law of liability for communicating distressing news

132
Q

In what case did the court decide a court should attempt to separate negligence from other causes of C’s condition when assessing damages?

A

Hatton v Sutherland

133
Q

In which case did the HoL decline a strike out on the basis that proximity of perception was not fulfilled due to only being told?

A

W v Essex County Council

134
Q

In re Organ Retention Group Litigation judgment

A

Parents were primary victims because babies had no distinct legal personality - parents analogous to patients

135
Q

On what basis was a DoC found in Re Creutzfeldt-Jakobs Disease Litigation

A

Analogous relationship to doctor and patient

136
Q

Sion v Hampstead Health Authority judgment

A

Not a single, shocking event

137
Q

North Glamorgan NHS Trust v Walters judgment

A

CoA looked at how C subjectively perceived the event - as one long, shocking event

138
Q

what case is hard to fit with White under unwitting agents of misfortune?

A

W v Essex County Council

139
Q

What was the issue with the courts changing the name from nervous shock to PI?

A

Changed the nature of the claim, focusing on the result as opposed to the cause

140
Q

What HC of Australia case stated no DoC owed by bearer of bad news to recipient?

A

Tame v NSW

141
Q

Farrell v Merton

A

No need for mother to direct perceive disability at time of delivery of the disabled child as a result of negligence in ante-natal care

142
Q

Alcock v Chief Constable of south Yorkshire judgment

A

HoL set down PI DoC requirements, following Wilberforce in McLoughlin

143
Q

How was a primary victim described in Alcock?

A

Those involved ‘mediately or immediately’ in the accident

144
Q

Dulieu v White general

A

Pub, pregnant woman, miscarriage

145
Q

Alcock on proximity in time and space

A

Those going to the morgue knew what happened and significant time lapse

146
Q

What academic highlighted that Phillimore J in White ascertained ‘reasonable’ through gender stereotypes?

A

Mitchell

147
Q

Exclusive jurisdiction of employment tribunals so no DoC to dismissed employee’s mental health

A

Johnston v Unisys

148
Q

Dooley v Cammell

A

crane dropped load, aggravated neurasthenia

149
Q

Who gave a powerful dissenting speech in White?

A

Lord Goff

150
Q

Hunter v British Coal judgment

A

proximity of time and space still applies to unwitting agents of misfortune, so maybe not primary

151
Q

Hatton v Sutherland judgment

A

Employer can assume employee is mentally stable enough for job, and foreseeability of STRESS is insufficient

152
Q

What did the court in W v Essex CC explicitly refuse to do?

A

Remove the category of unwitting agents of misfortune

153
Q

Lord Atner on shock

A

Sudden appreciation of a horrifying event by sight or sound which violently agitates the mind

154
Q

What did both the CoA and HoL in Hatton highlight?

A

No profession is more foreseeable to cause PI than another

155
Q

What case showed a claim for PI cannot interfere with self-determination?

A

Greatorex v Greatorex

156
Q

Hambrook v Stoke Bros on proximity of perception

A

Still fulfilled even though out of sight and round the corner as she saw the lorry go in that direction

157
Q

AB v Tameside general

A

HIV doctor, by letter

158
Q

daw v Intel Corporation

A

Counselling services are not a panacea to relieve DoC always

159
Q

What case revised the primary victim description from Alcock?

A

White v Chief Constable of South Yorkshire Police

160
Q

What was set down in Alcock?

A

HoL set down PI DoC

161
Q

What case looked at whether addiction was a PI?

A

Calvert v William Hill Credit

162
Q

Tame v New South Wales

A

No DoC owed by bearer of bad news to the recipient - HIGH COURT OF AUSTRALIA

163
Q

What did Lord Goff say of the primary victim test in White?

A

Draws arbitrary lines - rescuer to one part of train can claim but not the other, and allows them to claim even if they didn’t know they were in danger

164
Q

What case showed a primary victim only needs to show a type of injury was reasonably foreseeable?

A

Page v Smith

165
Q

Who said psychiatric injury is a part of the law with the ‘silliest of rules’?

A

Stapleton

166
Q

Calvert v William Hill Credit judgment

A

1st instance judgment looking at whether addiction was a PI by making use of psychiatric experts and the DSM

167
Q

Pratley v Surrey County Council

A

Foreseeability generally insulates employer as many hide stress for fear of appearing unable to cope

168
Q

Foreseeability of what was insufficient for DoC in Hatton?

A

Foreseeability of stress

169
Q

Page v Smith recognised PI

A

ME

170
Q

Sion v Hampstead Health Authority on wider principle of assumption of responsibility

A

Duty may apply to Father, but not in that case

171
Q

McFarlane v EE Caledonia on proximity of relationship

A

Rejected liability to mere bystanders given the subjective nature of ‘horrific events’

172
Q

What do L&O, despite uncertainty, allow about Bingham LJ’s dicta in Sion?

A

Case law does show no need for shock in certain primary victim cases where D has assumed responsibility for C’s mental health

173
Q

McLoughlin v O’Brian on proximity in time and space

A

Aftermath extends both temporally and spatially forward (i.e. to the hospital)

174
Q

Grieves v FT Everard on stress-related illness through fear of physical illness

A

HoL followed Hale in Hatton - employer couldn’t reasonably have known reaction years after employment

175
Q

Hartman v South Essex Mental Health general

A

Prison officer, suicide, no counselling

176
Q

Sion v Hampstead Health Authority, per Bingham LJ

A

Shock requirement does not extend to primary victim

177
Q

What academics argue against liability for communicating distressing news as it would restrict speech and news reporting?

A

Dzioban and Tettenborn

178
Q

Galli-Atkinson v Seghal general

A

Dance lesson, killed

179
Q

Donachie v Chief Constable of Greater Manchester general

A

Police, tagging car, 9

180
Q

Chanellas and Kerber

A

Gender-based historical explanation for slow development - alignment of claims and illness with ‘feminine’ attributes

181
Q

What case rejected liability to mere bystanders given the subjective nature of ‘horrific events’?

A

McFarlane v EE Caledonia

182
Q

What did Lady Justice Hal say of foreseeability in Hatton v Sutherland?

A

It was enough to establish a DoC

183
Q

What is the principle of assumption of responsibility used for?

A

To rationalise occupational stress cases - supported by Handford

184
Q

White v Chief Constable of South Yorks Police recognised PI

A

Grief, distress, anxiety or shock are insufficient

Law Second Year (62 decks)

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