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24 May 2013 / Keith Patten
Issue: 7561 / Categories: Features , Personal injury
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Patchwork quilt law

The law in relation to secondary psychiatric injury is almost universally accepted to be a mess, says Keith Patten

The courts seem to have long been uncomfortable with claims for psychiatric injury. Even the initial distinction between “pure” psychiatric injury and psychiatric injury consequent on physical harm is far from clear cut or logically defensible. If a relatively small degree of physical injury (or the risk thereof, as in Page v Smith [1996] 1 AC 155; [1995] 4 All ER 522, HL) produces disproportionate psychiatric harm, then that harm is (potentially) recoverable as little more than a matter of causation. Yet serious and entirely foreseeable psychiatric harm will often be irrecoverable if it occurs in the absence of any physical injury.

The development of the law in relation to pure psychiatric injury has been piecemeal and responsive to the individual cases that have come before the courts. The common law does not plan well. Floodgates concerns have been ever present, sometimes expressed, sometimes lurking just beneath the surface. Whether these concerns are real or

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MOVERS & SHAKERS

Walkers—Muriel Marseille

Walkers—Muriel Marseille

Ashurst's Chief Risk Officer joins Walkers

Excello Law—John Osborne

Excello Law—John Osborne

Northern family lawyer John Osborne joins Excello

mfg Solicitors—Rebecca Rogers, Kennedy Langley & Victoria Griffiths

mfg Solicitors—Rebecca Rogers, Kennedy Langley & Victoria Griffiths

Trio of promotions announced at Kidderminster law firm mfg Solicitors

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