1. Sebastian was walking to school when he was struck by a car driven by Alexis which had mounted the pavement. Sebastian suffered serious head injuries. Minutes later Mia, Sebastian’s stepsister and her friend Tracy came on the scene. Mia used her mobile phone to first, call an ambulance, and then live stream the scene to her mother, Laura (Sebastian’s stepmother). Mia and Tracy accompanied Sebastian in the ambulance to hospital. Laura met them there. Laura sat with Sebastian in intensive care, holding his hand, and watching as his condition deteriorated. Sebastian died four days later. Bill (Sebastian’s father) who had been abroad on a business trip, arrived at the hospital an hour before his son died.
Mia, Tracy, Laura and Bill all suffered post-traumatic stress disorder as a result of their experiences. Advise as to the viability of their claims for psychiatric damage, focussing on the problematic aspects of each potential claim.
(600 words)
2. In Henderson v Merrett Syndicates Ltd [1995] 2 AC 145 Lord Goff confirmed that the assumption of responsibility concept extended beyond the provision of information and advice to also include the performance of “other services”. (at 180)
Discuss, with reference to case law, the specific considerations relating to duty of care in respect of claims of pure economic loss and the rationale for the expansion of liability to the provision of services related to wills by solicitors.
(600 words)
3. Violet, a 12-year-old girl, was treated by Cygnemer NHS Trust for an eating disorder and severe depression. She had in the past displayed suicidal tendencies. After Violet had received eight weeks’ residential treatment in Cygnemer Hospital, a new consultant, Dr Brown, took charge of her treatment. Dr Brown briefly interviewed Violet and decided (without reading her file or speaking to her treatment team) that she was well enough to be discharged. This was not the case and two weeks later Violet committed suicide. Advise her parents as to the viability of a claim in negligence in this case and in particular the issues of causation and remoteness that will have to be addressed in determining the case.
(600 words)
4. Briefly outline the role of the lump sum in damages in negligence. Read: https://www.gov.uk/government/news/new-discount-rate-for-personal-injury-claims-announced. Explain the need for, and significance of, the main changes the document outlines in respect of remedies in this area.
(600 words)
