Psychiatric injury

Salter v UB Frozen and Chilled Foods Ltd (Court of Session Outer House TLR 6 October)

The pursuer had been involved in an accident at work which had led to a fellow employee’s death and to his own psychiatric injury. He made no averment that he had at any stage been exposed to physical injury but, because he was an active participant, he was a primary victim and could therefore recover damages for his psychiatric injury without needing to overcome the control mechanisms laid down by the House of Lords in relation to secondary victims in White v Chief Constable of South Yorkshire [1999] 2 AC 455.