Nervous Shock

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  • Nervous Shock
    • Definition
      • A claimant must prove that they are suffering from a medically recognised illness
      • A doctor must certify it
    • What is medically recognised?
      • PTSD, Profound Grief, Acute depression (there are other examples)
        • Vernon V Bosely 1997
    • What is not medically recognised?
      • Insomnia
        • Reilly v Merseyside Health Authority 1994
      • Claus-trophobia
        • Reilly v Merseyside Health Authority 1994
    • Clamants
      • Victims suffering Physical or Psychiatric injury
        • Automatic claims
      • Primary Victims
        • Must prove they feared for their own safety
          • Dulieu v White and sons 1901
            • Have medically recognised illness
            • Type of Harm is foreseeable
        • Have medically recognised illness
        • Type of Harm is foreseeable
      • Rescuers
        • The law regarding rescuers suffering nervous shock while helping at the scene of an accident allows a claim if the claimant was in personal danger
          • Hale v London Underground 1992
      • Secondary Victims
        • Secondary victims fear for others. They are not in any physical danger, and the court is therefore more reluctant to allow their claims for nervous shock
          • Alcock v Chief Constable of South Yorkshire 1991
            • Created the Alcock test
              • Shock caused by unaided senses
              • Present at scene or immediate afteramth
                • McLoughlin v O'Brian 1983
              • Close ties
                • Parent and child, Husband and Wife

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