Litigating Psychiatric Injury Claims

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 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. The Grenfell Tower disaster - revisiting primary and secondary victim categories and how the legal framework established following the Hillsborough disaster has been tested in a different social media age.
2. The change in attitude towards mental health since 2012 (eg the Royal Family campaign, NHS initiatives, young male suicide rate campaign).
3. Discussion of Marsh v Ministry of Justice [2017] EWHC 1040 (QB)
4. Analysis of cases involving secondary victim claims, including Re (a Minor) and Others -v- Calderdale & Huddersfield NHS Foundation Trust [2017] EWHC 824; Liverpool Women’s Hospital NHS Foundation Trust -v- Ronayne [2015] EWCA Civ 588; Paul & Others -v- Royal Wolverhampton NHS Trust [2019] EWHC 2893 (QB); and YAH -v- Medway NHS Foundation Trust [2018] EWHC 2964 (QB).
5. Updates on material contribution - BAE System (Operations) Ltd -v- Marion Konczak [2017] EWCA Civ 1188
6. Updates 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’.

This title is included in Bloomsbury Professional’s Personal Injury Law online service.

David Marshall - David is the managing partner of Anthony Gold and specialises in all major PI claims.
Jenny Kennedy - Jenny is a partner at Anthony Gold, specialising in PI and medical claims.
Rehana Aziz - Rehana is a barrister at 2 Temple Gardens where she specialises in personal injury and employment law, especially occupational stress, harassment, and discrimination claims. She is the Head of Chambers’ Employment Team.
Amanda Hopkins - Amanda is a senior associate at Anthony Gold, who focuses on complex clinical negligence and injury cases. Before becoming a solicitor, she worked at the Health & Safety Executive which continues to provide her with useful insights into cases involving accidents at work. Amanda is also an experienced law lecturer which means she has an excellent grasp of law in theory as well as in practice.