header-logo header-logo

11 September 2009 / Harvey Teff
Issue: 7384 / Categories: Features , Personal injury
printer mail-detail

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

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

NLJ Career Profile: Nikki Bowker, Devonshires

NLJ Career Profile: Nikki Bowker, Devonshires

Nikki Bowker, head of litigation and dispute resolution at Devonshires, on career resilience, diversity in law and channelling Elle Woods when the pressure is on

Ellisons—Sarah Osborne

Ellisons—Sarah Osborne

Leasehold enfranchisement specialist joins residential property team

DWF—Chris Air

DWF—Chris Air

Firm strengthens commercial team in Manchester with partner appointment

NEWS
Contract damages are usually assessed at the date of breach—but not always. Writing in NLJ this week, Ian Gascoigne, knowledge lawyer at LexisNexis, examines the growing body of cases where courts have allowed later events to reshape compensation
The Supreme Court has restored ‘doctrinal coherence’ to unfair prejudice litigation, writes Natalie Quinlivan, partner at Fieldfisher LLP, in this week' NLJ
The High Court’s refusal to recognise a prolific sperm donor as a child’s legal parent has highlighted the risks of informal conception arrangements, according to Liam Hurren, associate at Kingsley Napley, in NLJ this week
The Court of Appeal’s decision in Mazur may have settled questions around litigation supervision, but the profession should not simply ‘move on’, argues Jennifer Coupland, CEO of CILEX, in this week's NLJ
A simple phrase like ‘subject to references’ may not protect employers as much as they think. Writing in NLJ this week, Ian Smith, barrister and emeritus professor of employment law at UEA, analyses recent employment cases showing how conditional job offers can still create binding contracts
back-to-top-scroll