header-logo header-logo

Patchwork quilt law

24 May 2013 / Keith Patten
Issue: 7561 / Categories: Features , Personal injury
printer mail-detail

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

If you are not a subscriber, subscribe now to read this content
If you are already a subscriber sign in
...or Register for two weeks' free access to subscriber content

MOVERS & SHAKERS

Quinn Emanuel Urquhart & Sullivan—Andrew Savage

Quinn Emanuel Urquhart & Sullivan—Andrew Savage

Firm expands London disputes practice with senior partner hire

Druces—Lisa Cardy

Druces—Lisa Cardy

Senior associate promotion strengthens real estate offering

Charles Russell Speechlys—Robert Lundie Smith

Charles Russell Speechlys—Robert Lundie Smith

Leading patent litigator joins intellectual property team

NEWS
The government’s plan to introduce a Single Professional Services Supervisor could erode vital legal-sector expertise, warns Mark Evans, president of the Law Society of England and Wales, in NLJ this week
Writing in NLJ this week, Jonathan Fisher KC of Red Lion Chambers argues that the ‘failure to prevent’ model of corporate criminal responsibility—covering bribery, tax evasion, and fraud—should be embraced, not resisted
Professor Graham Zellick KC argues in NLJ this week that, despite Buckingham Palace’s statement stripping Andrew Mountbatten Windsor of his styles, titles and honours, he remains legally a duke
Writing in NLJ this week, Sophie Ashcroft and Miranda Joseph of Stevens & Bolton dissect the Privy Council’s landmark ruling in Jardine Strategic Ltd v Oasis Investments II Master Fund Ltd (No 2), which abolishes the long-standing 'shareholder rule'
In NLJ this week, Sailesh Mehta and Theo Burges of Red Lion Chambers examine the government’s first-ever 'Afghan leak' super-injunction—used to block reporting of data exposing Afghans who aided UK forces and over 100 British officials. Unlike celebrity privacy cases, this injunction centred on national security. Its use, the authors argue, signals the rise of a vast new body of national security law spanning civil, criminal, and media domains
back-to-top-scroll