Learning Outcomes
After reading this article, you will be able to define pure psychiatric harm in negligence, distinguish it from consequential psychiatric injury, and explain the requirements for a successful claim. You will understand the difference between primary and secondary victims, the control mechanisms for secondary victims, and the importance of medically recognised conditions and sudden shock. You will be able to apply these principles to SQE1-style scenarios.
SQE1 Syllabus
For SQE1, you are required to understand the legal definition of pure psychiatric harm and the criteria for a successful claim in negligence. In your revision, focus on:
- the distinction between pure psychiatric harm and consequential psychiatric injury
- the requirement for a medically recognised psychiatric condition
- the need for sudden shock as the cause of injury
- the difference between primary and secondary victims
- the control mechanisms for secondary victims (relationship, proximity, perception)
- how these rules affect the duty of care in negligence claims for psychiatric harm
Test Your Knowledge
Attempt these questions before reading this article. If you find some difficult or cannot remember the answers, remember to look more closely at that area during your revision.
- What is the legal definition of pure psychiatric harm in negligence?
- Which of the following is required for a successful claim for pure psychiatric harm? a) Any emotional upset b) Medically recognised psychiatric illness c) Gradual build-up of stress d) Simple grief
- Which of the following best describes a secondary victim in psychiatric harm claims? a) Someone physically injured in an accident b) Someone who witnesses harm to a loved one and suffers sudden shock c) Any bystander who hears about an accident
- Name the three main control mechanisms for secondary victims established in Alcock v Chief Constable of South Yorkshire Police.
Introduction
Claims for pure psychiatric harm in negligence are subject to strict requirements. The law distinguishes between psychiatric injury suffered as a direct result of a traumatic event (pure psychiatric harm) and psychiatric symptoms that follow physical injury (consequential psychiatric harm). Understanding these distinctions and the criteria for a successful claim is essential for SQE1.
Defining Pure Psychiatric Harm
Pure psychiatric harm refers to a recognised psychiatric illness suffered without accompanying physical injury. The law imposes specific requirements to limit claims and prevent an unmanageable number of potential claimants.
Key Term: pure psychiatric harm A medically recognised psychiatric illness suffered as a result of a sudden, shocking event, without any physical injury.
Key Term: consequential psychiatric harm Psychiatric symptoms that arise as a consequence of physical injury; these are treated as part of the physical injury claim.
Medically Recognised Psychiatric Condition
To succeed in a claim for pure psychiatric harm, the claimant must prove they have suffered a medically recognised psychiatric illness. Mere emotions such as grief, distress, or worry are not sufficient.
Key Term: medically recognised psychiatric illness A psychiatric disorder diagnosed by a medical professional, such as post-traumatic stress disorder (PTSD), clinical depression, or a specific anxiety disorder.
Sudden Shock Requirement
The psychiatric illness must be caused by a sudden, shocking event. The law does not generally compensate for psychiatric harm resulting from gradual exposure to distressing circumstances.
Key Term: sudden shock A traumatic event or its immediate aftermath that causes an immediate psychiatric reaction, rather than harm developing over time.
Primary and Secondary Victims
The law distinguishes between primary and secondary victims when assessing claims for pure psychiatric harm.
Key Term: primary victim A person directly involved in an incident, who is physically injured or was in danger of physical injury, and suffers psychiatric harm as a result.
Key Term: secondary victim A person who witnesses injury to another or fears for the safety of another, and suffers psychiatric harm as a result, but was not in physical danger themselves.
Primary Victims
A duty of care is owed to a primary victim for psychiatric harm if it was reasonably foreseeable that they might suffer physical injury. It is not necessary for psychiatric harm itself to be foreseeable.
Worked Example 1.1
A driver is involved in a car accident caused by another's negligence. She is not physically injured, but develops PTSD from the shock of the crash. Can she claim for psychiatric harm?
Answer: Yes. She is a primary victim because she was directly involved and at risk of physical injury. As physical injury was foreseeable, a duty of care is owed for her psychiatric harm.
Secondary Victims and the Alcock Control Mechanisms
Secondary victims face additional hurdles. The courts have established strict control mechanisms to limit claims by secondary victims, as set out in Alcock v Chief Constable of South Yorkshire Police.
To succeed, a secondary victim must show:
- A close tie of love and affection with the person injured or killed (e.g., spouse, parent, child).
- Proximity to the event or its immediate aftermath (in time and space).
- Direct perception of the event or aftermath with their own unaided senses (not via television or reports).
- Psychiatric harm caused by sudden shock.
Worked Example 1.2
A mother sees her child struck by a car and suffers a psychiatric illness from the shock. She was present at the scene and witnessed the accident. Can she claim?
Answer: Yes. She is a secondary victim who satisfies the control mechanisms: close relationship, proximity, direct perception, and sudden shock.
Exam Warning
Claims for psychiatric harm will fail if the claimant cannot prove a medically recognised illness, or if the harm results from gradual stress or is not caused by a sudden event. Be careful to distinguish between primary and secondary victims and apply the correct tests.
Revision Tip
For SQE1, remember that simple grief, distress, or worry are not enough. Always check for a medically recognised psychiatric illness and the requirement for sudden shock.
Key Point Checklist
This article has covered the following key knowledge points:
- Pure psychiatric harm is a medically recognised psychiatric illness suffered without physical injury.
- The illness must be caused by a sudden, shocking event.
- Consequential psychiatric harm is treated as part of the physical injury claim.
- Primary victims are directly involved or at risk of physical injury; duty of care is owed if physical injury was foreseeable.
- Secondary victims must satisfy the Alcock control mechanisms: close relationship, proximity, perception, and sudden shock.
- Simple emotions such as grief or distress are not sufficient for a claim.
Key Terms and Concepts
- pure psychiatric harm
- consequential psychiatric harm
- medically recognised psychiatric illness
- sudden shock
- primary victim
- secondary victim
