Reforming Liability for Psychiatric Injury in Scotland
A Recipe for Uncertainty
Bibliographic Data
| ID | 9194500 |
|---|---|
| Authors | Donal Nolan (University of Worcester, corresponding author) |
| Year | 2005 |
| Volume | 68 |
| Issue | 6 |
| Pages | 983-995 |
| Publication date | 2005-11-01 |
| Open Access | Yes |
| Type | ARTICLE |
| Venue | Modern Law Review (JOURNAL) |
| Journal identifiers | ISSN: 0026-7961 • E-ISSN: 1468-2230 |
| Publisher | Wiley (PUBLISHER • GB) |
| DOI | 10.1111/j.1468-2230.2005.00569.x |
| OpenAlex | W2028898659 |
| Language | EN |
| References cited | 2 |
It is widely acknowledged that the common law rules governing liability for psychiatric injury in the United Kingdom are in an unsatisfactory state. The Scottish Law Commission has now published a report, Damages for Psychiatric Injury (Scot Law Com No 196, 2004), which recommends wholesale statutory reform of this area of the law. In this paper, the report is summarised, and its recommendations subjected to detailed critical analysis. It is concluded that, while the proposed statutory scheme is both coherent and imaginative, the Commission's consistent preference for flexible, fact‐oriented rules means that implementation of the report's recommendations could give rise to an unacceptable degree of uncertainty
Business · Commission · Common law · Damages · Economics · Law reform · Liability · Personal injury · Political science · Preference · State (computer science) · Statutory law · Computer Science · Healthcare Decision-Making and Restraints · Homicide, Infanticide, and Child Abuse · Law · Medical Malpractice and Liability Issues · Medicine
| Highly cited | No |
|---|