An analysis as to whether the current law on negligently caused psychiatric harm strikes a fair balance between compensating claimants, taking into account relevant policy considerations

Authors

Freya Manning-Crisp

Document Type

Graduate Article

Abstract

This article will focus upon the law on negligently caused psychiatric harm. It will investigate whether the current law strikes a fair balance between compensating those who suffer psychiatric harm as a result of another’s negligence, keeping in line with the policy considerations that surround this area. Policy arguments have been used regularly to justify restricting the circumstances in which a successful claim can be made in this area of law. This article will consider however whether too much weight has been given to these arguments, and whether a less restrictive legal framework could be considered fairer to those who suffer psychiatric illness at the expense of another’s actions.

Publication Date

2023-01-01

Publication Title

The Plymouth Law Review

Volume

16

Issue

1

First Page

98

Last Page

126

Recommended Citation

Manning-Crisp, Freya (2023) "An analysis as to whether the current law on negligently caused psychiatric harm strikes a fair balance between compensating claimants, taking into account relevant policy considerations," Plymouth Law Review: Vol. 16, Article 4.
Available at: https://pearl.plymouth.ac.uk/plr/vol16/iss1/4