- Created by: Shannon Louise Farrell
- Created on: 15-03-15 15:58
- Nervous Shock
- Primary Victims.
- Present at the scene and in risk of injury - Dulieu v White
- Physical injury forseeable can claim and unforeseeable Psychiatric injury - Page v Smith, Donachie v Chief Constable of Greater Manchester
- Secondary Victims.
- Need to prove; Close ties of love and affection to Primary Victim, Close to accident in space and time, must be through unaided senses - Alcock v Chief Constable of South Yorkshire.
- Must be in immediate aftermath - McLoughlin v O'Brian, Galli-Atkinson v Seghal
- Must be through unaided senses - Boylan v Kegan
- Must also prove it being a sudden event and need reasonable fortitude
- Need of close ties of love and affection - Robertson and Rough v Fourth Road Bridge Joint Board
- By standers are not owed a duty of care if they only suffer from Psychiatric harm.
- Need sufficient fortitude - Bourhill v Young, McFarlane v EE Caledonia Ltd
- They were originally protected - Chadwick v British Railway Board
- No longer protected catergory - White v Chief Constable of South Yorkshire
- Shows inconsistency - Duncan v British Coal was not held
- Hale v London Underground was held
- Unaided senses was ignored in W v Essex
- Primary victim does not owe Secondary Victim a duty to not cause Psychiatric harm
- Close ties of love and affection to a house - Attia v British Gas
- Deceast fell out of herse, held - Owen v Liverpool Corp
- Psychiatric harm.
- Must be more than grief, pathological was held - Vernon v Bosley
- Must be from the negligent act and nothing else - Calascione v Dixon
- Must be a long term recognised psychiatric illness - Reilly v Merseyside Regional HA
- Must be a sudden shocking event
- Tredget v Bexley HA - 2 days was held
- Sion v Hampstead HA - 14 days was not held
- Primary Victims.
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