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More than a bystander?

17 July 2015 / Ruth Hewitt
Issue: 7661 / Categories: Features , Personal injury
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Ruth Hewitt provides an update on how & when secondary victims can run successful compensation claims

“Secondary victims” are those people who are not at risk of physical injury because of the defendant’s negligence, but do suffer a psychiatric injury as a result of witnessing the injury of a loved one. Alcock & others v The Chief Constable of South Yorkshire Police (1992) AC 310 is the leading case, arising out of the Hillsborough disaster. This case set out what a claimant must prove to recover compensation as a secondary victim:

  • A close tie of love and affection with the primary victim;
  • close proximity to the incident in time and place;
  • perception of the event or its aftermath; and
  • that the psychiatric illness that had been followed had been induced by the event.

When judgment was delivered in Alcock , it was only the third time that “nervous shock” had been considered by the House of Lords. It was acknowledged that this was because the number of cases brought by secondary

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