Gould and Kelly Asking Who's Afraid of Imaginary Claims? Common Misunderstandings of the Origin of the Action for Pure Psychiatric Injury in Negligence 1888-1943 @OxfordLawFac

Imogen Gould, University of Oxford, Faculty of Law, and Catherine Kelly, University of Bristol, have published Who’s Afraid of Imaginary Claims? Common Misunderstandings of the Origin of the Action for Pure Psychiatric Injury in Negligence 1888-1943 at 138 Law Quarterly Review 58 (2022). Here is the 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.

Download the article from SSRN at the link.