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Negligence: Duty of Care Psychiatric harm I Introduction One type of harm for which the courts insist on more a mores stringent test for the imposition of a duty of care is psychiatric harm (save where it occurs in conjunction with physical injury). Psychiatric harm is the preferred term nowadays (cf 'nervous shock') II Development of Psychiatric Harm as Actionable Loss A remedy for psychiatric harm is one area where the courts have been traditionally reluctant to recognise actionable loss. Dulieu v White [1901] 2 KB 669 King v Phillips [1953] 1 QB 429 III The Modern Law Over the years, several factors constraining the recoverability of psychiatric harm have emerged. The courts have retained their fear of disproportionate liability for a moment of carelessness. NB Similar fears underpin recovery for pure economic loss (see later). A Two Kinds of Victim: Primary & Secondary The law recognises two classes of victim in relation to psychiatric harm. Alcock v Chief Constable of the South Yorkshire Police [1992] 1...

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