The husband of the claimant c and their children were involved in a road traffic accident at around 4 p. Mcloughlin v obrian 1983 1 ac 410 negligence psychiatric damage foreseeability immediate aftermath of traumatic event. At the hospital, she saw her family before they had been cleaned up. Introduction it has often been argued that legal rules and their application have to be flexible in order to allow for just decisions in individual cases. Mcloughlin deserves compensation for her injury, then the question that we need to analyze is whether legal practice is seen in a better light if the community accepts the principle that. Hl 6 may 1982 april 6, 2019 admin off damages, personal injury, references. Dworkins definition of legal rules law public essay. Rewriting the requirement for a recognized psychiatric. Bourhill v young 1943 ac92 mcloughlin v o brian 1983 1ac 410 alcock v chief constable of south yorkshire police 1992 1 ac 310 page v smith 1995 the times 12th of may 1. I am indebted to professor lewis of cardiff university who raised these two points at the sptl seminar on the law commission paper held at bristol in june 1995.
Obrian as authority for the view that even a foreseeable victim of an act of carelessness may fall beyond the scope of the liability in negligence. Obrian this is a case that was initially decided by a trial court in 1976. Spring, 1983 shorter articles, comments and notes 53 liability for nervous shock mcloughlin v o brian is an important case. Setting a reading intention helps you organise your reading. Unfortunately one of the children was killed on impact. A mother was told that her husband and children had been in a serious car accident with the defendants lorry and went to the hospital straight away. That passage serves to confirm that the fact and consequence of the defendants negligence is made up of a series of events. Get free access to the complete judgment in mcloughlin v obrian on casemine. But in the united states an almost exact factual equivalent led to the opposite conclusion in thing v. Page v smith 1996 ac 155 hl 167, 171, 181, 189, 197. Nov 22, 2001 mcloughlin v o brian 1983 1 ac 410, like bourhill v young 1943 ac 92, which preceded it, and alcock v chief constable of south yorkshire police 1992 1 ac 310 and frost v chief constable of south yorkshire police 1999 2 ac 455, which followed it, concerned secondary victims.
Earlier in tort law compensation was awarded for suffering from some physical injury only. The locus classicus test of pure psychiatric illness claims in negligence was established by lord bridge in mcloughlin v o brian. Mcloughlin v obrian 1983 1 ac 410 is an english tort law case, decided by the house of lords, dealing with the possibility of recovering psychiatric harm suffered as a result of an accident in which ones family was involved. Mcloughlin v obrian 1982 ukhl 3 united kingdom house of. It was considered that mental stress and injury are less worthy of. See also rachael mulheron, rewriting the requirement for a recognized. Tort protection of life, limb, and freedom of movement. Mcloughlin v o brian 1983 1 ac 410 is an english tort law case, decided by the house of lords, dealing with the possibility of recovering for psychiatric harm suffered as a result of an accident in which ones family was involved. Download citation mcloughlin v obrian 1983 1 ac 410 essential cases. The scope of doctors liability towards third party psychiatric injuries. Spring, 1983 shorter articles, comments and notes 53 liability for nervous shock mcloughlin v obrian is an important case. White frost v cc of south yorkshire police 1999 2 ac 455, hl 469, 491, 501.
Considering the simple definition of binding precedence, it may seem that it is also quite simple in its operation. For other arguments made there regarding the floodgates argument, see at 1011, 30, 142. All legal systems offer extensive protection to life, health, and physical integrity, to which they attach great importance. This article is within the scope of wikiproject law, an attempt at providing a comprehensive, standardised, panjurisdictional and uptodate resource for the legal field and the subjects encompassed by it. Restrictions laid down in mcloughlin v obrian 1983 adopted in alcock v chief constable of south yorkshire was psychiatric damage foreseeable. Jan 16, 2009 10 there have been recent suggestions that theory of any sort the theory of any particular practice is always irrelevant to the practice which it seeks to explain, in the sense that it can have no influence on that practice see the essays in fish, doing what comes naturally oxford 1989. Scepticism and the law of negligence cambridge core. Mcloughlin v obrian 1983 1 ac 410 house of lords the claimants husband and three of her children were involved in a serious road traffic accident in which. Her seventeenyearold son george was driving the car, which also contained her husband and the two youngest children.
Mcloughlin v obrian 1983 1 ac 410 case summary last updated at 19012020 10. Mcloughlin v obrian 1983 1 ac 410 is an english tort law case, decided by the house of lords, dealing with the possibility of recovering for psychiatric harm suffered as a result of an accident in which ones family was involved. Ronald dworkin and the curious case of the floodgates. Rosina mcloughlin, was the mother of four children. Different judges hold different views or at times, similar views but with different degrees of emphasis as to the purpose of this doctrine. Mcloughlin v obrian united kingdom house of lords 6 may, 1982 6 may, 1982.
The claimants husband and three of her children were involved in a serious road traffic accident in which their car was struck by a lorry due to the negligence of the defendant lorry driver. It was then taken up four years later by the court of appeal and it received its final disposition two years after that in the house of lords. Mcloughlin v obrian 1983 1 ac 410, like bourhill v young 1943 ac 92, which preceded it, and alcock v chief constable of south yorkshire police 1992 1 ac 310 and frost v chief constable of south yorkshire police 1999 2 ac 455, which followed it, concerned secondary victims. Tort tort protection of life, limb, and freedom of movement. A mother was told that her husband and children had been in a serious car accident with the defendants lorry and went to the. Alcock v chief constable of south y orkshire 1992 1 ac 310 and page v s mith 1996 1 wlr 855. Shorter articles, comments and notes 34 northern ireland. Obrian and othersrespondents lord wilberforcelord edmunddavieslord russell of killowenlord scarmanlord bridge of harwich. O b i a n which has now extended liability further than ever before, is only the second occasion on which the house of lords has. She was, however, able to lead a normal life with her husband and family, albeit she suffered bouts of depression. As with topp v london county bus south west ltd, the principle of proximity proves the distinguishing criteria, however this earlier case pushed further the scope of award for damages, with an emerging appreciation for psychiatric nervous shock or trauma when the husband and father of four young children is involved in a collision with a. Mcloughlin v grovers a firm 2002 piqr p20 england and.
For example, they regard offenses leading to personal injury, such as assault an act producing in the plaintiffvictim a reasonable expectation of immediate unlawful force and battery the intentional. The document also included supporting commentary from. Low this article has been rated as lowimportance on the projects importance scale. Trying to write a paper on the philospher dworkin and his views on the mcloughlin v. Mrs mcloughlins husband and three of her children, george aged 17, kathleen aged 7 and gillian aged 2, were passengers in a car in. Bourhill v young 1943 ac92 mcloughlin v obrian 1983 1ac 410 alcock v chief constable of south yorkshire police 1992 1 ac 310 page v smith 1995 the times 12th of may 1. P, not present at the scene of the crash, sued d for causing her nervous shock and. This case document summarizes the facts and decision in mcloughlin v obrian 1983 1 ac 410. Stub this article has been rated as stubclass on the projects quality scale. Mcloughlin v obrian 1983 1 ac 410 kings college london. To a similar effect, see mcloughlin v obrian, supra note 55 at 420 lord wilberforce, 442 lord bridge, and 425 lord edmunddavies. Hl 6 may 1982 november 24, 2016 dls off damages, personal injury, references. Mcloughlin v obrian and others 1981 2 wlr 1014 at 1036gh, reversed in mcloughlin v obrian and others 1983 1 ac 410 mcloughlin hl, although not on this particular point.
Bourhill v young 1943 consider what claimant ought to have foreseen as a reasonable person trauma witnessed such as to be likely to cause psychiatric injury to person of reasonable fortitude. She remained behind when her husband and the children went off on an expedition in the family car. Mcloughlin deserves compensation for her injury, then the question that we need to analyze is whether legal practice is seen in a better light if the community accepts the principle that people in mrs. C, a woman aged 42, had suffered from a hysterical personality disorder since childhood. Pdf ptsd and the law of psychiatric injury in england and. Mcloughlin v obrian 1983 case summary webstroke law. Against certainty in tort law bloomsbury professional. Calvert v william hill credit 2008 ewhc 454 ch have you read this. Held, giving judgment for f, that 1 as f was clearly a primary victim the relevant test was whether a ought reasonably to have foreseen that its conduct would expose f to the risk of a recognised psychiatric disorder, mcloughlin v o brian 1983 1 a. How does dworkin think the judges should have interpreted the case. Cf mcloughlin v obrian 1982 ukhl 3, 1983 1 ac 410, 442 lord bridge mcloughlin a largely arbitrary limit of liability.
Apr 05, 2014 trying to write a paper on the philospher dworkin and his views on the mcloughlin v. Chief constable of south yorkshire police 1992 1 a. Juris 549 law and flexibility rule of law limits of a rhetorical silver bullet lutzchristian wolff 1. In order to explain why an event was not a moment frozen in time he went back to lord wilberforce in mcloughlin v. Lord wilberforce my lords, this appeal arises from a very serious and tragic road accident which occurred on october 19, 1973 near withersfield, suffolk. Restrictions laid down in mcloughlin v o brian 1983 adopted in alcock v chief constable of south yorkshire was psychiatric damage foreseeable. In the early 1980s, however, the house of lords awarded damages to a mother and wife who rushed to the hospital to see her injured family a few hours after the accident had occurred and then suffered shock mcloughlin v. Plus many other features including a powerful casesearch, slideshows to accompany the workbooks, and access to teaching idea videos, as well as loads more. Psychiatric injury 2 course intended learning outcomes n to know the recognised psychiatric injury n to understand duty of care to primary victims n to understand duty of care to secondary victims n to understand duty of care to rescuers suffering psychiatric injury n to know the development of the law and attempted reforms 3. Learn vocabulary, terms, and more with flashcards, games, and other study tools. Calveley v chief const cc of merseyside police 1989 ac 1228 hl 1029. To think with a practice is, says fish, to be forever calculating just what ones obligations arc, what procedures are really legitimate, what evidence is in fact evidence, and so on. Ptsd and the law of psychiatric injury in england and wales.
The law sets these limits not only because of concerns over the adverse effects that the imposition of liability. Held, giving judgment for f, that 1 as f was clearly a primary victim the relevant test was whether a ought reasonably to have foreseen that its conduct would expose f to the risk of a recognised psychiatric disorder, mcloughlin v obrian 1983 1 a. On appeal from the high court of justice queens bench division. Mcloughlin v obrian mcloughlin v obrian court house of lords date decided 6 may 1982 citations 1983 1 ac 410 wikipedia. Alcock v cc of south yorkshire police 1992 1 ac 310 hl 422. To set a reading intention, click through to any list item, and look for the panel on the left hand side. The only member to deliver a reasoned judgment was waller l. Tort law provides a bridge between course textbooks and key case judgments. Pdf the scope of doctors liability towards third party.
Psychiatric injury 2 course intended learning outcomes nto know the recognised psychiatric. Mcloughlin v obrian 1983 1 ac 410 is an english tort law case, decided by the house of lords, dealing with the possibility of recovering for psychiatric harm. D caused a car crash which caused injury to ps husband and killed ps daughter. Mcloughlin v obrian 1982 ukhl 3 united kingdom house. Mcloughlin v obrian 1983 1 ac 410 northumbria university. The appellant s husband, thomas mcloughlin, and three of her children, george, aged 17, kathleen, aged 7 and gillian, nearly 3, were in a ford motor. If, for example, it is decided in the case of mcloughlin v obrian 1983 that mrs. The document also included supporting commentary from author craig purshouse.