header-logo header-logo

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

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

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

WSP Solicitors—David Ashcroft & Jessica O’Shea

WSP Solicitors—David Ashcroft & Jessica O’Shea

Commercial property and child law teams expand with senior hires

Duxton Hill Chambers—Lucas Bastin KC & Joshua Hiew

Duxton Hill Chambers—Lucas Bastin KC & Joshua Hiew

Set expands London and Singapore offering with senior international disputes hires

Gilson Gray—Gregor Duthie & Stephen Forsyth

Gilson Gray—Gregor Duthie & Stephen Forsyth

Firm strengthens real estate and litigation teams with partner promotions

NEWS
Uber has built a formidable strategy for insulating itself from liability for drivers’ conduct, but the legal terrain differs sharply between the US and England and Wales
The Civil Justice Council’s review of Part III of the Solicitors Act 1974 could mark the end of what one commentator calls an ‘outdated’ and overly technical regime governing solicitor-client fee disputes
The House of Lords (Hereditary Peers) Act 2026 marks a constitutional watershed by severing the centuries-old link between hereditary titles and automatic membership of the upper chamber
Artificial intelligence, proportionality and public decision-making are under increasing judicial scrutiny, according to the latest public law round-up from Herbert Smith Freehills Kramer
Families relying on informal agreements over property ownership could face costly consequences if disputes arise, the High Court has warned
back-to-top-scroll