FT112 - Tort - Seminar 11 - Psychiatric Harm by Claire Turner https://padlet.com/claire43/dh1rblqcbr0f en-us 2017-03-14 13:17:07 UTC 2025-10-29 22:30:13 UTC hello@padlet.com Brian is driving back from the pub where he has consumed five pints of beer. he fails to notice that the traffic lights are red and drives straight through them. He almost collides with a bus coming in the other direction. The bus driver, Charles, swerves to avoid the car, skids and ends up crashing through the window of a sweet shop. Damien a six year old boy who is in the shop buying sweets, is badly injured. Ewan, the owner of the sweetshop, is at the back of the shop when he hears the crash. He rushes to find Damien lying badly injured. He holds and comforts him while they are waiting for the ambulance to arrive. Freda, Damien's mother, is not in the shop at the time. She is telephoned by the hospital and arrives to find that Damien is in the operating theatre undergoing emergency surgery. She is allowed to see him after the surgery, at which point he suffers a massive fit. She is told he will need to be transferred to another hospital by ambulance for a liver transplant. Unfortunately, two days after the liver transplant she is told that the operation has not been a success and that his life support machine should be turned off. claire43 https://padlet.com/claire43/dh1rblqcbr0f/wish/1985657239 2022-01-11 09:31:24 UTC https://padlet.com/claire43/dh1rblqcbr0f/wish/1985657239 Advise the following parties as to their remedies in tort, if any: claire43 https://padlet.com/claire43/dh1rblqcbr0f/wish/1985736528 2022-01-11 10:22:23 UTC https://padlet.com/claire43/dh1rblqcbr0f/wish/1985736528 (b) Ewan, who feels extremely distressed and is now finding it difficult to sleep; claire43 https://padlet.com/claire43/dh1rblqcbr0f/wish/1985738385 2022-01-11 10:23:41 UTC https://padlet.com/claire43/dh1rblqcbr0f/wish/1985738385 (c) Freda, Damien’s mother, who has suffered a pathological grief reaction; and claire43 https://padlet.com/claire43/dh1rblqcbr0f/wish/1985738536 2022-01-11 10:23:47 UTC https://padlet.com/claire43/dh1rblqcbr0f/wish/1985738536 (d) Gita, a nurse, who witnessed the accident and climbed into the wrecked bus to offer medical assistance; she is now unable to work due to severe mental illness. claire43 https://padlet.com/claire43/dh1rblqcbr0f/wish/1985738991 2022-01-11 10:24:06 UTC https://padlet.com/claire43/dh1rblqcbr0f/wish/1985738991 (a) Charles, who was unhurt but has undergone a recurrence of panic attacks for which he had treatment three years earlier; claire43 https://padlet.com/claire43/dh1rblqcbr0f/wish/1986007650 2022-01-11 13:30:08 UTC https://padlet.com/claire43/dh1rblqcbr0f/wish/1986007650 https://padlet.com/claire43/dh1rblqcbr0f/wish/1986025792 Primary victim, fear for own safety as in same building – bus might have exploded causing him harm – Could be a primary victim if he feared for his own safety of the bus coming through the shop to where he was located (Page v Smith). 

3  different ways he can claim - secondary victim because he witnessed Damian being injured – unlikely to win, shop owner/customer relationship, Alcock criteria:
 
1. There must be proximity in time and space to the accident; - satisfied, attended immediate aftermath 
2. There must be a close tie of love and affection between the; primary victim and the secondary victim – not satisfied, shop owner and customer. Burden of Proof to prove that they had a close relationship – unlikely though - therefore a bystander - no claim (McFarlane v EE Caledonia)
 3. The means by which the shock was caused (Lord Ackner passage) . best option to claim on Worried about damage to his shop and caused psychiatric harm – Attia v British Gas.
He can't claim because lack of sleep is not enough to claim, it should be a recognised medical condition. (Hinz v Berry)
]]> 2022-01-11 13:38:33 UTC https://padlet.com/claire43/dh1rblqcbr0f/wish/1986025792 d) https://padlet.com/claire43/dh1rblqcbr0f/wish/1986027799 Primary victim - feared for her own safety through falling debris/fire etc (Page v Smith)

shorter v Surrey and sussex
judged by ordinary susceptibility
doesn't satisfy 2nd criteria- close tie of love and affection
could be classified as a rescuer as she went through a zone of danger by climbing through the wreck.
show substantial medical evidence to show psychiatric impact- hinz v berry 1970]]> 2022-01-11 13:39:30 UTC https://padlet.com/claire43/dh1rblqcbr0f/wish/1986027799 C) https://padlet.com/claire43/dh1rblqcbr0f/wish/1986028188 secondary victim
she witnessed him having a fit
there is a relationship between them which is mother and son
also there was sudden shock for Freda via the phone call
Part immediate aftermath - claimant will rely on McLouglin - distinguished as he was in his post- operation state and had been cleaned. Galli - mortuary was sufficient. Defence will argue that no injuries visible so distinguished. Defence will rely on Taylor v Somerset 
Shocking event - Lord Ackners comments - it was an accumulation over time 
Vernon v Bosely - the condition is recognised]]> 2022-01-11 13:39:41 UTC https://padlet.com/claire43/dh1rblqcbr0f/wish/1986028188 Charles shania2706 https://padlet.com/claire43/dh1rblqcbr0f/wish/1986031332 -Primary Victim - Page v Smith - arising from Brian's initial breach of duty - road users owe each other duty of care (Nettleship v Weston)
- Hinz v Berry - with regards to panic attacks - has to have evidence that it is a medical condition - Page v Smith - as long as physical harm is foreseen it is not necessary to foresee the psychiatric.



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