Bloomsbury Professional 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 seek to 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. Anticipating the implications of the litigation surrounding the Grenfell Tower disaster – revisiting primary and secondary victim categories and how the legal framework established following the Hillsborough disaster will be tested in a different social media age. 2. Include a discussion of the change in attitude towards mental health since 2012 (for example the Royal Family campaign, NHS initiatives, young male suicide rate campaign), a change with which the law has not kept pace. 3. Discussion of Marsh v Ministry of Justice [2017] EWHC 1040 (QB) - David Marshall of Anthony Gold being the instructed solicitor in this case and this being the only reported successful high court case since the publication of the first edition. Yapp -v- Foreign and Commonwealth Office [2014] EWCA Civ 1512 to be distinguished and discussed. 4. Developments in secondary victim claims, in particular what constitutes a shocking event – Re (a Minor) and Others -v- Calderdale & Huddersfield NHS Foundation Trust [2017] EWHC 824 in which childbirth constituted a shocking event. To be discussed in the context of what is deemed to fall short of ‘shocking’ (Liverpool Women’s Hospital NHS Foundation Trust -v- Ronayne [2015] EWCA Civ 588 – in which a husband failed as a secondary victim where the operation was a hysterectomy rather than childbirth). Paul & Others -v- Royal Wolverhampton NHS Trust [2019] EWHC 2893 (QB) regarding proximity to the negligent act. YAH -v- Medway NHS Foundation Trust [2018] EWHC 2964 (QB) regarding whether the victim is truly a secondary victim or if they are really a primary victim. 5. Update on material contribution – BAE System (Operations) Ltd -v- Marion Konczak [2017] EWCA Civ 1188 6. Update 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’. About the Author Jenny Kennedy is a Partner in the Personal Injury and Clinical Negligence department at Anthony Gold Solicitors. She specialises in complex and serious head and spinal injury claims. The 2016 edition of Chambers ranks her as a "star individual", one of just three in the field of personal injury in London. This independent guide to the legal profession describes her as "extremely thorough and dedicated to her clients" for whom "she always goes the extra mile". She fights "tooth and nail" for her clients and one client comments how "she always made herself available and made sense of complex issues". The Legal 500 2015 ranks her as a "leading individual", who describe her as "exceptional". Jenny is on the joint editorial board of Kemp & Kemp: Personal Injury Law, Practice and Procedure. She is co-author of Litigating Psychiatric Injury Claims and she is also a co-author of Personal Injury Practice, both published by Bloomsbury Professional.Rehana is a London-based barrister specialising in personal injury and employment law, especially occupational stress, harassment, and discrimination claims. She graduated with a Law degree from the University of Oxford in 2001 and is a scholar of the Inner Temple. She is recommended as a leading junior in the Legal 500 and is also an Accredited Advocacy Trainer. She co-authored “Litigating Psychiatric Injury Claims” in 2012. She was awarded the National Young Achiever of the Year at the Asian Women of Achievement Awards 2009 and was a Finalist at the British Muslim Awards 2013. She is also featured in the International Asian Who’s Who Guid