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Litigating Psychiatric Injury Claims
Contributor(s): Marshall, David (Author), Kennedy, Jenny (Author), Azib, Rehana (Author)
ISBN: 1526515660     ISBN-13: 9781526515667
Publisher: Tottel Publishing
OUR PRICE:   $147.25  
Product Type: Paperback
Published: July 2025
This item may be ordered no more than 25 days prior to its publication date of July 24, 2025
Additional Information
BISAC Categories:
- Law | Personal Injury
Physical Information: 256 pages
 
Descriptions, Reviews, Etc.
Publisher Description:

Provides guidance to the complexities of establishing liability, as well as assistance on running psychiatric claims. Such cases are technically challenging with regard to establishing liability and causation. The authors seek to provide an essential route map through the 'patchwork quilt' of the current law.

This edition deals with the development of law and practice since the first edition, in particular:
1. Anticipating the implications of the litigation surrounding the Grenfell Tower disaster - revisiting primary and secondary victim categories and how the legal framework established following the Hillsborough disaster will be tested in a different social media age.
2. Include a discussion of the change in attitude towards mental health since 2012 (for example the Royal Family campaign, NHS initiatives, young male suicide rate campaign), a change with which the law has not kept pace.
3. Discussion of Marsh v Ministry of Justice 2017] EWHC 1040 (QB) - David Marshall of Anthony Gold being the instructed solicitor in this case and this being the only reported successful high court case since the publication of the first edition. Yapp -v- Foreign and Commonwealth Office 2014] EWCA Civ 1512 to be distinguished and discussed.
4. Developments in secondary victim claims, in particular what constitutes a shocking event - Re (a Minor) and Others -v- Calderdale & Huddersfield NHS Foundation Trust 2017] EWHC 824 in which childbirth constituted a shocking event. To be discussed in the context of what is deemed to fall short of 'shocking' (Liverpool Women's Hospital NHS Foundation Trust -v- Ronayne 2015] EWCA Civ 588 - in which a husband failed as a secondary victim where the operation was a hysterectomy rather than childbirth). Paul & Others -v- Royal Wolverhampton NHS Trust 2019] EWHC 2893 (QB) regarding proximity to the negligent act. YAH -v- Medway NHS Foundation Trust 2018] EWHC 2964 (QB) regarding whether the victim is truly a secondary victim or if they are really a primary victim.
5. Update on material contribution - BAE System (Operations) Ltd -v- Marion Konczak 2017] EWCA Civ 1188
6. Update on any changes to the classification of psychiatric injury and how these are litigated, for eg HHJ Gore QC in Liverpool Women's hospital case rejecting diagnosis of PTSD but finding 'a frank psychiatric illness'.