Who’s Afraid of Imaginary Claims? Common Misunderstandings of the Origin of the Action for Pure Psychiatric Injury in Negligence 1888-1943

Law Quarterly Review. 2022 ; Vol. 138. pp. 58-78

26 Pages Posted: 13 Mar 2023

See all articles by Imogen Goold

Imogen Goold

University of Oxford - Faculty of Law

Catherine Kelly

University of Bristol

Date Written: January 1, 2022

Abstract

Discusses, with reference to case law, common misconceptions surrounding the origins and development of the negligence action for pure psychiatric injury between 1888 and 1943, and argues that fear of imaginary or fraudulent claims was not a characteristic of early rulings.

Note:
Funding Information: Our research was funded by a British Academy / Leverhulme Trust Small Grant, and we are grateful for this support.

Declaration of Interests: None to declare.

Suggested Citation

Goold, Imogen and Kelly, Catherine, Who’s Afraid of Imaginary Claims? Common Misunderstandings of the Origin of the Action for Pure Psychiatric Injury in Negligence 1888-1943 (January 1, 2022). Law Quarterly Review. 2022 ; Vol. 138. pp. 58-78, Available at SSRN: https://ssrn.com/abstract=4349013 or http://dx.doi.org/10.2139/ssrn.4349013

Imogen Goold

University of Oxford - Faculty of Law ( email )

St Cross Building
St Cross Road
Oxford, OX1 3UL
United Kingdom

Catherine Kelly (Contact Author)

University of Bristol ( email )

University of Bristol,
Senate House, Tyndall Avenue
Bristol, BS8 ITH
United Kingdom

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