This document outlines the general requirements for recovering compensation for psychiatric illness in tort law. It discusses who can recover as a primary victim if they were in immediate danger, an involuntary participant who believed they were in danger, a secondary victim who witnessed danger to a loved one, a rescuer, or an employee exposed to work-related stress. It provides examples of cases for each category and notes specific tests or elements that must be proven to recover as each type of claimant.
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2. Two general pre-condition for
recovery
Recognisable psychiatric illness
Example –hinz v berry (morbid depression)
chronic fatigue syndrome –page v
smith
Test of reasonable foreseeability- Dulieu v white
& sons
3. Who can recover
Primary victims
Involuntary participants
Secondary victims
Rescuers
Employees
Bystander
Psychiatric illness induced through work related
stress
4. Primary victim
Someone in zone of immediate danger created
by defendants negligence
Examples
Dulieu v white
Page v smith
British steel plc v simmons- negligence caused
skin disease which lead to depression
5. Involuntary participants
Dooley v cammell laird- defective rope, although
no one injured, claim for psychiatric illness
allowed since reasonably believed employees in
danger
Contrast for with mcfarlene v EE celedonia ltd
Claim was not allowed since in reasonable
distance away from danger, court later formulated
requirement for involuntary participant to succeed
in claim. The requirement are
The plaintiff is in the actual area of danger but
escapes physical injury
Reasonably believes that he or she is in danger
6. Secondary victims
Must prove four elements
1. Close tie of love and affection-parent child,
husband wife, although exception in McCarthy v
CCSYP-half brother allowed to claim
2. Physical and temporal proximity – McLoughlin
v O’brian (u take a look at this case)
3. Means of perception- must come through sight
or hearing of the events and its aftermath
4. manner of which psychiatric illness was caused
7. Rescuers
Chadwick v BRB-british railway board, rescuers
can generally claim for compensation
Although not every involvement will qualify as a
rescue attempt
Mcfarlene v EE Celedonia
White v CCSYP
