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Personal Injury
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30 minutes of audio
(+ optional 5 minute online quiz)
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Course Aims:

This CPDcast aims to provide listeners with an overview of psychiatric injury claims and explore the way that the courts are now approaching cases in this area. It includes discussion and comparison of key decisions; a detailed overview of the criteria which secondary victims must meet in order to make a claim; and an analysis of how the courts have applied this criteria in recent cases.

After completing the course you will:
  • Be familiar with the area of psychiatric injury claims and the key case law;
  • Know the difference between primary and secondary victims;
  • Be aware of the criteria which a secondary victim has to meet to qualify as such;
  • Understand how the courts have changed their approach to these criteria over the years;
  • Have some knowledge of the criticisms and problems which have arisen in relation to these criteria;
  • Comprehend the approach the courts are likely to take in the future in this area.
General Interest Difficulty: 2 of 5
Legal Principles
Legislative Updates
Market Update / Hot Topic
Sources and References:
  • Alcock v Chief Constable of South Yorkshire Police [1992] 1 AC 310;
  • Annetts v Australian Stations Pty Ltd [2002] HCA 35;
  • Fatal Accidents Act 1976;
  • Galli-Atkinson v Seghal [2003] EWCA Civ 697;
  • Hatton v Sutherland [2002] EWCA Civ 76;
  • Jones v Ramshaw [2011];
  • McLoughlin v O'Brian [1983] 1 AC 410;
  • North Glamorgan N.H.S. Trust v Walters [2002] EWCA Civ 1792;
  • Page v Smith [1995] UKHL 7;
  • Schofield v Chief Constable of West Yorkshire Police [1998] 1C.R. 193;
  • Tame v New South Wales [2002] 211 CLR 317;
  • Taylor v A. Novo (UK) Ltd [2013] EWCA Civ 194;
  • Taylorson v Shieldness Produce Ltd [1994] PIQR 329;
  • Tranmore v T E Scudder Ltd [1998] EWCA Civ 733.

In this CPDcast Andrew Hogarth from 12 King’s Bench Walk speaks about psychiatric injury claims and the approach the courts have taken in such cases. He discusses recent case law and highlights the change in the court’s approach, as well as covering, in some detail, the various criterion which distinguish primary victims from secondary victims.

Date Recorded: 9th September 2014

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