... a participant, and those in which the [claimant] was no more than the passive and unwilling witness of injury caused to others. (Lord Oliver, emphasis added) 1 Primary Victims The term primary victim is now used to connote those in the 'zone of danger' and who were `participants' in the physical event that has caused the pshychiatric harm. Page v Smith [1996] 1 AC 155 There is no justification for regarding physical and psychiatric injury as different 'kinds' of injury. Once it is established that the defendant is under a duty of care to avoid causing personal injury to the [claimant], it matters not whether the injury in fact sustained is physical, psychiatric or both. (Lord Lloyd) Page v Smith is a pretty clear-cut case, as is Dulieu v White, but what exactly is a 'participant' in a borderline case? White v Chief Constable of South Yorkshire [1999] 2 AC 455 Following this case, it seems primary victims ...

See this essay or coursework document in full right now