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Nevertheless, under the Alcock criteria she is unlikely to be able to bring a successful legal claim because the husband died in hospital, and she did not witness the immediate aftermath of the accident. Since the case of Alcock v Chief Constable of Yorkshire Police was decided following the Hillsborough disaster in 1989, it has been well established that certain criteria must be met by the Claimant, to successfully bring a compensation claim for psychiatric injury as a secondary victim. A leading provider of software platforms for professional services firms, In-depth analysis, commentary and practical information to help you protect your business, LexisNexis Blogs shed light on topics affecting the legal profession and the issues you're facing, Legal professionals trust us to help navigate change. Specifically – she was unable to demonstrate a "recognised psychiatric injury, or that the injury was caused by shock resulting from the relevant events or their immediate aftermath". The so-called ‘control mechanisms’ from McLoughlin v O’Brian [1983] 1 A.C. 410 and Alcock v Chief Constable South Yorkshire Police [1992] A.C. 310 are additional criteria keeping the gates to successful claims for secondary victims. The individual must: have a relationship of love and affection with the victim; come across the ‘immediate aftermath’ of the event; have direct perception of the harm to the primary victim; and A close tie of love and affection The psychiatric injury must be caused by – and result from – a “sudden and unexpected shock”. With the passage of 27 years, other cases have expanded upon what is meant by each of the criteria, but the category of secondary victims who can claim damages remains broadly the same. endstream See further Practice Note: Psychiatric injury—secondary victims—case tracker. SMQ Legal solicitors lead by the Partner, Suezanne King, are actively involved in the interpretation of the secondary victim criteria, set by the case of Alcock, and analyse here by Suezanne’s team when and where this criteria requires extension to include a wider category of claimant given how ‘proximity’ no longer requires us to be physically present where a triggering event occurs. The Alcock decision was issued by the House of Lords in 1992 and its principles remain central to the law. A secondary victim is one who suffers nervous shock without himself/herself being directly exposes to any physical danger in the accident to the primary victim. ���yZ�3�n�3�� {=���{��R"� FK(R�{m���6? However, it contested the claim of Mr Wild as a secondary victim. <>/Font<>/ProcSet[/PDF/Text/ImageB/ImageC/ImageI] >>/MediaBox[ 0 0 720 540] /Contents 4 0 R/Group<>/Tabs/S/StructParents 0>> Our trusted tax intelligence solutions, highly-regarded exam training and education materials help guide and tutor Tax professionals, Access our unrivalled global news content, business information and analytics solutions. C pregnant behind bar in husband’s pub, D negligently drove horse cart into the bar, C wasn’t physically injured but she feared for her own safety and suffered shock which led to her giving birth prematurely and the child suffered developmental problems. A joined action was brought by Alcock (C) and several other claimants against the head of the South Yorkshire Police. First successful claim for psychiatric injury. endobj There were complications with the pregnancy and the claimant was present when the doctors confirmed that the child had died in the womb. A close tie of love and affection to a primary victim. x�}�]o�0��I��5���~ ��-.1q�lf��@34Y��+�6�� Since Alcock the courts have strictly applied these criteria as claimants have sought to widen the scope of secondary victim claims beyond that originally envisaged. They referred to, North Glamorgan NHS Trust v Walters [2002] EWCA Civ 1792 . <> A primary victim is a victim who is directly involved in an accident and suffers injuries as a result of the fault of a tortfeasor. Courts have evolved somewhat, in psychological awareness, from those of the nineteenth century. The nervous shock suffered by the secondary victim must be a medically recognized psychiatric illness. <> That case is Alcock v Chief Constable of South Yorkshire Police [1992] 1 AC 310. The claimants were all classed as secondary victims since they were not in the physical zone of danger. This did not equate with actually witnessing a horrific event leading to a death or a serious injury. Secondary victims- those not directly threatened, often close family members of those injured or killed. There should be a list of relationships that would be sufficient to satisfy the criteria for claims as a secondary victim, and I would expect that close friends’/family members would also satisfy by introducing this legislation.. A close tie of love and affection to a primary victim. With the passage of 27 years, other cases have expanded upon what is meant by each of the criteria, but the category of secondary victims who can claim damages remains broadly the same. In Taylor, The claimant’s mother was injured at her workplace through the negligence of a fellow employee. It is not sufficient, in the case of injury to a secondary victim, for the claimant to show that as a result of apprehending the infliction of physical injury or the risk of it to another person they have sustained nervous shock which caused psychiatric illness. <>>> She pursued a claim for damages against her mother’s former employer. He concluded that it would be incomprehensible to allow the claimant to recover for witnessing the death of her mother three weeks after an accident, when if Mrs Taylor had died at the time of the accident but the claimant did not come across the immediate aftermath, she would not recover damages. The case centred upon the liability of the police for the nervous shock suffered in consequence of the events of the Hillsborough disaster. Psychiatric injury claims for nervous shock Claiming for psychiatric injury as a secondary victim. ���� JFIF ` ` �� C Secondary Victims. A close tie of … Subject to satisfying the other criteria in Alcock, this is why a duty is readily imposed where a secondary victim witnesses an accident caused by a defendant. 2. Insurance, risk and compliance intelligence using big data, proprietary linking and advanced analytics. 2. )-J��[���{0� j � �֨� ܌@.U.T�5Z��^g�Ǜ��p�`�kW[�Ȇ��B�x�`�N��-PT'�[$U��s�G��uyIeZ+�EB����!���b�+��;��G������FX[�\0�e/�EEBZ��T(t dH�c�;�E�s����sŶ+������mW��#p��%K\����Q`��+m�T���p Witness the event with their own unaided senses. To bring a successful claim the following must be established:- That there was a “close tie of love and affection” with the primary victim of the accident. Secondary victims must now satisfy three additional criteria (proximity of space, perception, and relationship) in order to succeed—thresholds that none of the claimants in Alcock were able to meet. That case is Alcock v Chief Constable of South Yorkshire Police [1992] 1 AC 310. The trust disputed the claim and argued that YAH must fulfil the well-established Alcock criteria to recover damages as a "secondary victim". 3. She had apparently made a good recovery, but approximately three weeks later, she suddenly and unexpectedly collapsed and died at home. Some of the Lords made obiter statements indicating that the Alcock criteria could be departed from in some cases: Here, Alcock and several other claimants were ‘secondary victims’: they were not primarily affected, in the sense that they were injured or in danger of injury, but they suffered harm because of … To decide whether Alcock clarified the law, this article will critically discuss … Where confusion has crept in is where the Courts have tried to extend the link between a secondary victim and the event by allowing for recovery if the claimant witnesses the ‘immediate aftermath’. In the case of clinical negligence claims this can be a tricky task for the courts to undertake, requiring extensive input from medical experts. 2. Secondary victims- those not directly threatened, often close family members of those injured or killed. To qualify as a secondary victim a claimant must: have a relationship of love and affection with the primary victim; come across the ‘immediate aftermath’ of the event; have direct perception of the harm to the primary victim; and The Claimants accepted the Alcock control mechanisms are the starting point for secondary victim claims, but argued the law on secondary victims is complex and developing. Victorian Railway Commission v Coultas 1888 1. 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