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UK · Year 2 · Tort Law

Psychiatric Harm, Occupiers & Strict Liability

Beyond basic negligence.

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  1. 1.Alcock v Chief Constable of South Yorkshire [1992] — secondary victim criteria?

    Close tie of love and affection with the primary victim; proximity in time and space to the event or its immediate aftermath; perception by own unaided senses; and a psychiatric injury caused by shock.

    [1992] 1 AC 310 (HL)

  2. 2.Paul v Royal Wolverhampton NHS Trust [2024] — held?

    Relatives who witness a death or medical crisis caused by earlier clinical negligence cannot recover as secondary victims; the "accident" requirement was affirmed.

    [2024] UKSC 1

  3. 3.Rylands v Fletcher (1868) — rule?

    A person who brings onto land and keeps there something likely to do mischief if it escapes is answerable for damage that is the natural consequence of its escape (non-natural use, per Lord Cairns).

    (1868) LR 3 HL 330

  4. 4.Which statutes govern occupiers' liability?

    Occupiers' Liability Act 1957 (visitors) and Occupiers' Liability Act 1984 (non-visitors, e.g. trespassers).

    OLA 1957; OLA 1984

  5. 5.Defamation Act 2013, s 1?

    A statement is not defamatory unless its publication has caused or is likely to cause serious harm to the claimant's reputation (serious financial loss for bodies trading for profit).

    Defamation Act 2013, s 1; Lachaux v Independent Print [2019] UKSC 27