Liability for Psychiatric Illness Consultation
Common and Public Law LIABILITY FOR PSYCHIATRIC ILLNESS A Consultation Paper LAW COMMISSION CONSULTATION PAPER No 137 The Law Commission was set up by section 1 of the Law Commissions Act 196 for the purpose of promoting the reform of the law. The Law Commissioners are: The Honourable Mr Justice Brooke, Chairman Professor Andrew Burrows Miss Diana Faber Mr Charles Harpum Mr Stephen Silber QC The Secretary of the Law Commission is Mr Michael Sayers and its offices are at Conquest House, 37-38 John Street, Theobalds Road, London WClN 2BQ. This consultation paper, completed on 28 February 1995, is circulated for comment and criticism only. It does not represent the final views of the Law Commission. The Law Commission would be grateful for comments on this Consultation Paper before 1 August 1995. All correspondence should be addressed to: Mr D R Symes Law Commission Conquest House 37-38 John Street Theobalds Road London WClN 2BQ (Tel: 0171-453 1213) (Fax: 0 171-453 1297) It may be helpful for the Law Commission, either in discussion with others concerned or in any subsequent recommendations, to be able to refer to and attribute comments submitted in response to this consultation paper. Any request to treat all, or part, of a response in confidence will, of course, be respected, but if no such request is made the Law Commission will assume that the response is not intended to be confidential. The Law Commission Consultation Paper No 137 COMMON AND PUBLIC LAW LIABILITY FOR PSYCHIATRIC ILLNESS A CONSULTATION PAPER HMSO 0 Crown copyright 1995 Applications for reproduction should be made to HMSO Copyright Unit ISBN 0 11 730222 8 Printed in the United Kingdom for HMSO D6297932 3/95 Cl8 G559 10170 THE LAW COMMISSION LIABILITY FOR PSYCHIATRIC ILLNESS CONTENTS Paragraph Page PART I: INTRODUCTION 1.1-1.11 1 PART 11: THE PRESENT LAW 2.1-2.55 8 INTRODUCTION 2.1 8 PRINCIPLES OF LIABILITY 2.2-2.5 1 8 (1) The plaintiff must suffer a recognised psychiatric illness that, at least where the plaintiff is a secondary victim, must be shock-induced.
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