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11 September 2009 / Harvey Teff
Issue: 7384 / Categories: Features , Personal injury
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Righting mental harms

Harvey Teff proposes reshaping the boundaries of legal liability

In principle, a negligently inflicted minor cut entitles you to damages. But unless physically injured, you can only recover in negligence for mental harm if it amounts to a “recognisable psychiatric illness”. Even then, if you were not physically endangered your chances of redress are often slim. Yet mental harm can be more disabling and harder to endure than tangible bodily injury. In its recent report, The Law on Damages (2009), the Ministry of Justice ruled out statutory reform.

The government’s stance is unfortunate, not least because the House of Lords has already deemed this area of the law beyond judicial repair (White v Chief Constable of South Yorkshire [1999] 1 All ER 1). The courts are hampered by convoluted rules that defy logic, medical understanding and legal principle, and by a problematic distinction between “primary” and “secondary” victims. Primary victims are those directly involved in an accident who were, or reasonably believed that they were, within the range of foreseeable physical injury (Page v Smith

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MOVERS & SHAKERS

Foot Anstey—Jasmine Olomolaiye

Foot Anstey—Jasmine Olomolaiye

Investigations and corporate crime expert joins as partner

Fieldfisher—Mark Shaw

Fieldfisher—Mark Shaw

Veteran funds specialist joins investment funds team

Taylor Wessing—Stephen Whitfield

Taylor Wessing—Stephen Whitfield

Firm enhances competition practice with London partner hire

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Recent allegations surrounding Peter Mandelson and Andrew Mountbatten-Windsor have reignited scrutiny of the ancient common law offence of misconduct in public office. Writing in NLJ this week, Simon Parsons, teaching fellow at Bath Spa University, asks whether their conduct could clear a notoriously high legal hurdle
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