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Vol 23 No 4 April/May 2018

Book of the Month

Cover of Williams, Mortimer and Sunnucks: Executors, Administrators and Probate

Williams, Mortimer and Sunnucks: Executors, Administrators and Probate

Edited by: Alexander Learmonth, Charlotte Ford, Julia Clark, John Ross Martyn
Price: £295.00

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UK Public Holiday Monday 28th May

Wildy's will be closed on Monday 28th May, re-opening on Tuesday 29th.

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Causing Psychiatric and Emotional Harm: Reshaping the Boundaries of Legal Liability


ISBN13: 9781841132167
Published: December 2008
Publisher: Hart Publishing
Country of Publication: UK
Format: Hardback
Price: £40.00



Despatched in 4 to 6 days.

Though mental harm can be profoundly disabling, the law imposes strict limits on who can recover damages for it. In the absence of physical injury, compensation is not normally available for negligently caused mental suffering, however severe, unless it constitutes a 'recognisable psychiatric illness'. Claimants whose mental trauma stems from injury caused to someone else are subject to arbitrary restrictive liability rules that dispense with established legal principles and cannot be reconciled with scientific advances.

The book traces the history of civil liability for mental harm up to the present day. It is argued that the reluctance to provide redress reflects an enduring suspicion of intangible injury and undue fear of proliferating claims. The scale and legal ramifications of the Hillsborough disaster; the emergence of claims arising from work-related stress, and other new categories of claims based mainly on prior relationships between the parties, have all added to a 'floodgates fear' that has intensified due to popular perceptions of a 'compensation culture'.

The book contrasts the limited scope for liability under English law with developments in several other jurisdictions. It is argued that statutory reform is needed to achieve greater legal coherence and to provide a remedy that tracks the impact and severity of harm and is not confined to psychiatric disorders. A new legal framework is offered, rooted in reasonable foreseeability of severe mental or emotional harm. To allay concerns about proliferating claims, modifications to the compensatory regime for personal injury are proposed.

Subjects:
Medical Law, Tort Law
Contents:
1: Psychiatric Harm, Emotional Suffering and Legal Redress
2: The Development of Redress for Emotional Harm and Nervous Shock
3: Contemporary Provision for ‘Accident-Based’ Psychiatric Illness 5
4: Liability for Psychiatric Harm ‘Beyond the Mainstream’ 9
5: Policy Concerns
6: A Proposal For Reform