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New technology and tort

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Description

Dr Chatterjee is currently working on a project exploring the impacts of new technology on tort. She presented a paper on this at the 2013 Law and the Senses Conference at Westminster, London. The conference was highly experimental, seeking a blend of art, performance and academia with a focus on creativity. Accordingly, the abstract and bio (see attached documents) seek to reflect the spirit of the conference. Below is a short synopsis of the issues covered.

In English law, secondary victims suffering psychiatric damage must establish certain well-known proximities with primary victims in order to recover. As outlined in key cases such as Alcock, a close relationship of love and affection must exist between the primary and secondary victim, as well as a sufficiently proximate and personal perception of events in terms of time and space. Liability ought not to lie where the claimant is simply informed of the accident by a third party, and the harm must have been induced by sudden shock. In this paper, drawing from academic work on new media and visual culture, I review and challenge the judicial conceptualisation of time, space, relationships and perception as articulated in the leading cases. I consider whether the development and proliferation of contemporary media technology, including (but certainly not limited to) new social media, has the capacity to create alternative ‘digital proximities’, a prospect which has implications for the current contours of both liability and recovery in the field of negligently inflicted psychiatric damage.

Keywords
negligence
psychiatric damage
new social media
proximity

StatusActive
Effective start/end date5/12/12 → …