McLoughlin v O’Brian [1983] 1 AC 410

Written By Nicolas Heyes

House of Lords 

Basic Facts: The plaintiff suffered psychiatric harm after seeing her injured family members following a car crash. She claimed damages for the psychiatric injury. 

Issue: What are the requirements for claiming psychiatric harm? 

Held : C’s claim for psychiatric injury was allowed

  • Lord Wilberforce : Psychiatric harm claims must satisfy specific proximity and foreseeability requirements. The claimant must have a close relationship with the victim, be close in time and space to the incident, and the shock must result from direct perception of the event or its immediate aftermath. 

  • Lord Bridge : The law should recognize psychiatric injury claims where they are reasonably foreseeable, but proximity and the means of causation are also important factors. 

Nicolas Heyes
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