header-logo header-logo

More than a bystander?

17 July 2015 / Ruth Hewitt
Issue: 7661 / Categories: Features , Personal injury
printer mail-detail
nlj_7661_hewitt

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

If you are not a subscriber, subscribe now to read this content
If you are already a subscriber sign in
...or Register for two weeks' free access to subscriber content

MOVERS & SHAKERS

Quinn Emanuel—James McSweeney

Quinn Emanuel—James McSweeney

London promotion underscores firm’s investment in white collar and investigations

Ward Hadaway—Louise Miller

Ward Hadaway—Louise Miller

Private client team strengthened by partner appointment

NLJ Career Profile: Kate Gaskell, Flex Legal

NLJ Career Profile: Kate Gaskell, Flex Legal

Kate Gaskell, CEO of Flex Legal, reflects on chasing her childhood dreams underscores the importance of welcoming those from all backgrounds into the profession

NEWS
Overcrowded prisons, mental health hospitals and immigration centres are failing to meet international and domestic human rights standards, the National Preventive Mechanism (NPM) has warned
Two speedier and more streamlined qualification routes have been launched for probate and conveyancing professionals
Workplace stress was a contributing factor in almost one in eight cases before the employment tribunal last year, indicating its endemic grip on the UK workplace
In NLJ this week, Ian Smith, emeritus professor at UEA, explores major developments in employment law from the Supreme Court and appellate courts
Writing in NLJ this week, Kamran Rehman and Harriet Campbell of Penningtons Manches Cooper examine Operafund Eco-Invest SICAV plc v Spain, where the Commercial Court held that ICSID and Energy Charter Treaty awards cannot be assigned
back-to-top-scroll