Abuse and Other Psychiatric Injury Claims: Latest Developments on Vicarious Liability and Apportionment & Quantification of Loss

Rehana Azib will discuss the consequences of the Supreme Court decision in Armes v Nottinghamshire County Council [2017] UKSC, which has expanded the boundaries of vicarious liability in abuse cases yet further to tortfeasors who are not employees of the Defendant. She will discuss the effects of the decision upon liability in abuse cases and the guidance provided by the Supreme Court as to the meaning of a non-delegable duty of care, particularly in the area of abuse.

Christopher Russell will explore the attempt made by the Court of Appeal in BAE Systems v Konczak [2017] EWCA 1188 to restore sense to the computation of compensation in psychiatric cases where there are multiple causes of an indivisible injury and to address the tensions left by that court in  Sutherland v Hatton and Dickins v O2.

Jack Harris will consider the Court of Appeal’s approach in Fletcher v Keatley [2017] EWCA Civ. 1540 to a Summers v Fairclough strike out application where a claimant had exaggerated his psychiatric symptoms.  He will also examine the contrasting approaches towards awards of aggravated damages taken in Durrant v Chief Constable of Avon & Somerset [2017] EWCA Civ. 1808 and other recent cases.

Rehana Azib is renowned for her expertise in psychiatric injury claims, including in particular, stress at work, abuse and harassment cases. She co-authored “Litigating Psychiatric Injury Claims” (Bloomsbury Professional, 2012), a guide for practitioners dealing with all aspects of psychiatric injury and abuse litigation, and has been recognised as a leading personal injury junior for many years by the Legal Directories, who describe her as “A very skillful advocate who is formidably intelligent and very hard-working” [Chambers UK 2018].

Christopher Russell’s expertise and status as a leader in the field of personal injury has been recognised in the legal directories for many years; most recently in Chambers UK 2018: “Very intelligent, he is an excellent advocate who holds his own against any leading silk in the personal injury field.”; and in Legal 500 2017: “Highly recommended for abuse and stress cases”; ranked tier 1. In recent years he has specialised particularly in psychiatric injury claims whether arising in an occupational setting, from psychological, physical and sexual abuse, as a consequence of accidents or in secondary victims.

Jack Harris has a broad personal injury practice covering catastrophic injury, employer’s liability, product liability and defective premises claims.  He has considerable experience in claims involving prisons and other secure institutions, including claims arising out of physical and sexual assault, negligent supervision and false imprisonment.