header-logo header-logo

Righting mental harms

11 September 2009 / Harvey Teff
Issue: 7384 / Categories: Features , Personal injury
printer mail-detail

Harvey Teff proposes reshaping the boundaries of legal liability

In principle, a negligently inflicted minor cut entitles you to damages. But unless physically injured, you can only recover in negligence for mental harm if it amounts to a “recognisable psychiatric illness”. Even then, if you were not physically endangered your chances of redress are often slim. Yet mental harm can be more disabling and harder to endure than tangible bodily injury. In its recent report, The Law on Damages (2009), the Ministry of Justice ruled out statutory reform.

The government’s stance is unfortunate, not least because the House of Lords has already deemed this area of the law beyond judicial repair (White v Chief Constable of South Yorkshire [1999] 1 All ER 1). The courts are hampered by convoluted rules that defy logic, medical understanding and legal principle, and by a problematic distinction between “primary” and “secondary” victims. Primary victims are those directly involved in an accident who were, or reasonably believed that they were, within the range of foreseeable physical injury (Page v Smith [1995] 2 All ER 736; White, above). Yet, in some

If you are not a subscriber, subscribe now to read this content
If you are already a subscriber sign in
...or Register for two weeks' free access to subscriber content

MOVERS & SHAKERS

NLJ career profile: Liz McGrath KC

NLJ career profile: Liz McGrath KC

A good book, a glass of chilled Albarino, and being creative for pleasure help Liz McGrath balance the rigours of complex bundles and being Head of Chambers

Burges Salmon—Matthew Hancock-Jones

Burges Salmon—Matthew Hancock-Jones

Firm welcomes director in its financial services financial regulatory team

Gateley Legal—Sam Meiklejohn

Gateley Legal—Sam Meiklejohn Premium Content

Partner appointment in firm’s equity capital markets team

NEWS

Law school partners with charity to give free assistance to litigants in need

Magic circle firms, in-house legal departments and litigation firms alike are embracing more flexible ways to manage surges of workloads, the success of Flex Legal has shown

Magic circle firms, in-house legal departments and litigation firms alike are embracing more flexible ways to manage surges of workloads, the success of Flex Legal has shown

Magic circle firms, in-house legal departments and litigation firms alike are embracing more flexible ways to manage surges of workloads, the success of Flex Legal has shown

Walkers and runners will take in some of London’s finest views at the 16th annual charity event

back-to-top-scroll