/Rect [69.804 15.849609 162.582 23.774414] 20 0 obj >> 32 0 obj endobj 1 0 obj /D [28 0 R /FitR 137 617 350 591] The position of primary victim is governed by the decision in Page v Smith wherein a claimant may recover for psychiatric harm even though the threatened physical harm does not materialize. /D [16 0 R /FitR 28 205 145 176] 93 0 obj ⇒ Such 'secondary victim' claims were first recognised in Hambrook v Stokes ⇒ The case of McLoughlin v O’Brian shows an extension of who can be a secondary victim → the case dictated that a defendant owed a claimant a duty of care despite the psychiatric illness occuring over two hours after the initial injury by the defendant << >> >> /Rotate 0 >> /Dest endobj /Rotate 0 >> /Last 9 0 R /Kids [13 0 R] 90 0 obj /MediaBox [0 0 595.276 841.89] /Annots [107 0 R 108 0 R 109 0 R 110 0 R 111 0 R 112 0 R 113 0 R 114 0 R] endobj /D [21 0 R /FitR 247 749 460 735] A secondary victim is one who suffers psychiatric injury as a consequence of witnessing or being informed of an accident, which involves another. endobj endobj endobj endobj 27 0 obj 75 0 obj << /S /D 79 0 obj >> 24 0 obj >> 81 0 obj /Contents [150 0 R 151 0 R 152 0 R] The inquest into the death of Kirra-Lea McLoughlin has heard the Queensland woman's de facto partner confessed to attacking the 27-year-old on the same night she was fatally injured. 74 0 R 75 0 R 76 0 R 77 0 R 78 0 R Secondary victims. /Subtype /XML Secondary victim claims ... Up until McLoughlin - A claimant was not able to recover damages where the injury to the near relative occurred out of sight and earshot of the plaintiff, unless they had come upon its ‘immediateaftermath’. /Title (S2056467817000160jra 110..122) Brenna Conroy outlines the distinction between appreciation of an accident and witnessing a victim’s injuries for secondary victim claims ‘One of the key themes that emerges from recent authorities is that a secondary victim claim will fail where the primary victim has received treatment such as to make that scene sufficiently different to that at … Following the case of Alcock [1992], a defendant can be liable to secondary victims who were caused psychiatric illness if it was foreseeable that such an injury would be caused. >> << /MediaBox [0 0 595.276 841.89] /D [27 0 R /FitR 247 234 460 208] /Type /Page /Resources 130 0 R endobj /CropBox [0 0 595.276 841.89] /Type /Page >> << /Next 15 0 R /CreationDate (D:20180221190817+05'30') Prior to the 2013 Court of Appeal decision in Taylor v Novo, it was very difficult to reconcile the various decisions in the years since the seminal Hillsborough cases. 28 0 obj NEGLIGENCE – PSYCHIATRIC DAMAGE – FORESEEABILITY – IMMEDIATE AFTERMATH OF TRAUMATIC EVENT. Tort law protects the interests of the individual and adjudicates private wrongs. This idea has been in contemplation largely since the Hillsborough disaster of 1989 where secondary victims could claim, where they found to have suffered ‘nervous shock’, having directly witnessed the death or injury of a close family member or friend (a primary victim). endobj 85 0 obj Then, a secondary victim must prove that they fall within a class of people that the law allows to claim compensation for such injuries. /D [28 0 R /FitR 347 693 560 667] >> /Annots [202 0 R 203 0 R 204 0 R 205 0 R 206 0 R] /Contents [159 0 R 160 0 R 161 0 R] /Type /Page These cookies enable core website functionality, and can only be disabled by changing your browser preferences. 3) Close tie of love and affection with victim and witnessed unaided the incident or its immediate aftermath (secondary) - McLoughlin v O'Brien (1981); 4) Claimant proves close tie with the victim and witnessed close-ups of the victim on TV in breach of broadcasting rules (secondary… A "secondary victim" is a person who suffers nervous shock without himself being exposed to danger. 63 0 obj >> 29 0 obj It has now ruled that an earlier judgment was wrong to strike out secondary victim claims from young children who witnessed their father die after he was allegedly a victim of clinical negligence. endobj >> /MediaBox [0 0 595.276 841.89] /Dest << 2020-12-21T19:54:49+00:00 /Annots [170 0 R 171 0 R 172 0 R 173 0 R 174 0 R] /D [27 0 R /FitR 247 267 460 251] In the Case of Alcock vs Chief Constable of South Yorkmshire Police [10] there was an endorsement in the Mcloughlin rule, in this case Hillsborough Football stadium was over crowded during FA cup. >> endobj endobj endobj endobj /First 218 0 R 16 0 obj /A 223 0 R /D [28 0 R /FitR 347 628 560 602] << >> Firstly, relatives and friends. /Resources 153 0 R endobj << >> endobj >> >> In addition, the /Resources 162 0 R 79 0 R 80 0 R 81 0 R 82 0 R 83 0 R /CropBox [0 0 595.276 841.89] << >> endobj 84 0 R] endstream /Parent 5 0 R << It is a bit difficult to begin with when the plaintiff himself is neither physically injured nor threatened with injury but can suffer psychological illness and claim for compensation. Continue Reading. • Secondary victims are claimants who suffer psychological ... (McLoughlin v Jones [2002] 2 WLR 1279; Farley v Skinner [2002] 2 AC 732) ... • Proof that C is a primary or secondary victim, or that C falls into a special category of claimants entitled to bring a claim for 141 0 R] /Next 86 0 R /Annots [131 0 R 132 0 R 133 0 R 134 0 R 135 0 R 136 0 R 137 0 R 138 0 R 139 0 R 140 0 R /Names 2 0 R endobj Downloaded from https://www.cambridge.org/core. uuid:9a691764-353a-4318-b559-7df4e14e950f >> /Last 220 0 R Secondary Victim – Alcock and others v Chief Constable of the South Yorkshire Police [ … 6 0 obj << Her arms, legs and face were very swollen. /D [28 0 R /FitR 347 606 560 580] This latest appeal builds on the series of reported cases since December 2014. /D [24 0 R /FitR 137 141 350 126] 84 0 obj Indeed, the author is not aware of any reported secondary victim claim which has succeeded since the Court of Appeal clarified the law in Taylor v Novo in 2013, a decision which itself overturned a trial judge’s award of compensation in such a case. endobj /Annots [195 0 R 196 0 R 197 0 R] << 36 0 obj << In Frost v Chief Constable of South Yorkshire [1999] 2 AC 455, both Lord Steyn and Lord Hoffman confined the principle in Page to those who were within the range of foreseeable physical injury. View all articles and reports associated with McLoughlin v O Brian [1982] UKHL 3. /Producer (Acrobat Distiller 8.1.0 \(Windows\)) >> >> /D [25 0 R /FitR 247 515 460 499] ... secondary victims as laid down by the House of Lords and its significance for the determination of liability in nervous shock cases. There is uncertainty as to how close a secondary victim must be to the accident. One of the leading secondary victim cases is that of McLoughlin. Not for further distribution unless allowed by the License or with the express written permission of Cambridge University Press. (2) Secondary Victims • Secondary victims are claimants who suffer psychological injury as a result of injury to someone else • And who satisfy the control mechanisms:- • Injury induced by shock • Direct perception of the accident or its aftermath • Presence at the scene of the accident or its aftermath The House of Lords decision in McLoughlin v O’Brien AC 410, where a ‘hospital visit’ secondary victim claim by a mother visiting her husband and children injured in a car accident succeeded, is best understood as being a case where the claimant, although arriving in the aftermath, came upon the accident, albeit transposed into the setting of the hospital. 49 0 obj << /Dests 8 0 R /Parent 9 0 R ... is also a requirement that that the claimant must have had a close personal or familial relationship with the accident victim. >> Alcock at 407d-e. McLoughlin v O’Brien [1983] 1 AC 410 – provided the foundations of the current. /MediaBox [0 0 595.276 841.89] /Filter /FlateDecode 65 0 obj /Count -7 39 0 R 40 0 R 41 0 R 42 0 R 43 0 R endobj << /Dest a. Acrobat Distiller 8.1.0 (Windows) /First 9 0 R /Type /Metadata /D [28 0 R /FitR 347 654 560 628] /Rotate 0 3 0 obj 50 0 obj /Length 10 /MediaBox [0 0 595.276 841.89] stream endobj Your choice regarding cookies on this site, A Message From Our Property Team - November 2020, Call for Stamp Duty Extension - A Solicitor's Perspective, What to expect when you're expecting... to go to court, Removing outdated restrictive covenants from your title, Surrogacy and Parental Orders - A Guide for the Modern Family. endobj 70 0 obj There is uncertainty as to how close a secondary victim must be to the accident. /Contents [96 0 R 97 0 R 98 0 R 99 0 R 100 0 R 101 0 R 102 0 R 103 0 R 104 0 R 105 0 R] 22 0 obj endobj endobj << 37 0 obj /Parent 10 0 R /Parent 11 0 R endobj A secondary victim suffers psychiatric harm in circumstances where he is ‘no. 91 0 obj The technology to maintain this privacy management relies on cookie identifiers. 26 0 obj >> /Type /Annot 62 0 obj White establishes that these groups are subject to the same rules, namely those developed in McLoughlin v O’Brian and Alcock v Chief Constable of Yorkshire. endobj There was only one previous reported case in which a Claimant had succeeded in a secondary victim claim in consequence of observing the consequences of clinical negligence in a hospital environment. 7 Bedford Row | Personal Injury Law Journal | July/August 2017 #157. 41 0 obj /Parent 9 0 R Secondly, the secondary victim must be both close in terms of ‘spatial and temporal proximity’ (translation: same time, same place.) A visitor is to a degree conditioned as to what to expect and it is likely that due warning will be given by medical staff of an impending encounter likely to prove more than ordinarily distressing. /D [28 0 R /FitR 137 700 350 674] endobj 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. /Border [0 0 0] >> 34 0 R 35 0 R 36 0 R 37 0 R 38 0 R /Subtype /Link /Type /Page /D [27 0 R /FitR 37 250 250 234] >> << >> This is then very problematic, therefore that is why I hav… << A secondary victim is one who suffers psychiatric injury as a consequence of witnessing or being informed of an accident, which involves another. << << 72 0 obj It is a bit difficult to begin with when the plaintiff himself is neither physically injured nor threatened with injury but can suffer psychological illness and claim for compensation. 2018-02-21T19:08:17+05:01 33 0 obj << << << The significance of this point lies in the judgment of Lord Bridge in this same case: /Parent 10 0 R These cases established that secondary victims could only claim for psychiatric injury in very limited circumstances, and White confirms these limitations. << endobj /Length 1042 << endobj 21 Dec 2020 at 19:54:49, subject to the Cambridge Core terms of use. << by secondary victims, sudden shock on witnessing the damage-causing event was incorporated as a key element of the claim.8 The need to link the relevant psychiatric injury to a sudden shock was implicitly affirmed in the seminal secondary victim case of McLoughlin v. 0'Brian,9 in which the House of Lords allowed a claim for << /Contents [213 0 R 214 0 R 215 0 R] For more details see our Privacy Policy, Dutton Gregory LLP Solicitors is authorised and regulated by the Solicitors Regulation Authority (SRA) Number:496960. endobj endobj /Kids [26 0 R 27 0 R 28 0 R] >> >> 88 0 obj stream >> What type of victim are they? /D [28 0 R /FitR 137 591 350 565] /Rect [244.913 190.261 262.488 198.255] >> 44 0 R 45 0 R 46 0 R 47 0 R 48 0 R Tort la… >> 21 Dec 2020 at 19:54:49, subject to the Cambridge Core terms of use. >> << /D [28 0 R /FitR 347 706 560 680] /Annots [154 0 R 155 0 R 156 0 R 157 0 R 158 0 R] /Rotate 0 Following the case of Alcock [1992], a defendant can be liable to secondary victims who were caused psychiatric illness if it was foreseeable that such an injury would be caused. The claimant’s husband and three of her children were involved in a serious road traffic accident in which their car was struck by a lorry due to the negligence of the defendant lorry driver. /D [27 0 R /FitR 247 190 460 164] << 38 0 obj << << He described his shock at her looking like ‘the Michelin Man’. /Type /Page /Subtype /Link 59 0 R 60 0 R 61 0 R 62 0 R 63 0 R /Subtype /Link 23 0 obj In hospital you must expect to see things that you may not like, such as patients connected to machines and drips. >> /Type /Catalog /CropBox [0 0 595.276 841.89] /Type /Pages 66 0 obj /Pages 5 0 R >> /Border [0 0 0] /Subtype /Link /D [23 0 R /FitR 37 580 250 565] 97 0 obj /Limits [ ] Before we consider who is a secondary victim there are two rules that have to be taken into account. >> 2 0 obj /Dest Secondary victims These are people who are not primary victims of the incident but who are able to show a close enough tie of love and affection to a victim of the incident and who witnessed the incident or its ‘immediate aftermath’ at close hand. << endobj A close tie of love and affection ... McLoughlin v O'Brian [1982] 2 WLR 982 Case summary . /ModDate (D:20201221195449+00'00') << If you want further information about this particular topic, or wish to discuss the possibility of bringing a claim for Clinical Negligence - or indeed any other type of injury, please contact the Dutton Gregory Clinical Negligence Team on (01202) 315005, or email k.marden@duttongregory.co.uk. 17 0 obj << Ibid, per Lord Wilberforce, at 304. << In other words, there must be at least a rough correlation between the harm done to the primary victim and the secondary victim’s experience of the harm. endobj The Court made it clear that the death of a loved one in hospital (although not the facts of the Ronayne case) would not qualify unless accompanied by circumstances which were wholly exceptional in some way so as to shock or horrify. /Rotate 0 >> Secondary victims. /D [27 0 R /FitR 247 89 460 63] /Resources 118 0 R /Dest /Count 3 /D [16 0 R /FitR 347 242 560 227] endobj Third-Party cookies are set by our partners and help us to improve your experience of the website. endobj by secondary victims, sudden shock on witnessing the damage-causing event was incorporated as a key element of the claim.8 The need to link the relevant psychiatric injury to a sudden shock was implicitly affirmed in the seminal secondary victim case of McLoughlin v. 0'Brian,9 in which the House of Lords allowed a claim for 54 0 R 55 0 R 56 0 R 57 0 R 58 0 R 78 0 obj /Parent 9 0 R 56 0 obj << << If not, you are a secondary victim and must satisfy a control test (Alcock v Chief Constable of South Yorkshire [1992] 1 AC 310). /D [28 0 R /FitR 347 667 560 641] >> >> /MediaBox [0 0 595.276 841.89] << /Rect [504.397 389.82 524.239 398.835] << /Border [0 0 0] 55. Primary victims must be in the danger zone (Page v Smith [1996] 1 AC 155). McLoughlin v O'Brian - secondary victim - suffered psychiatric injury as result of concern for her family from witnessing a shocking event. /Annots [119 0 R 120 0 R 121 0 R 122 0 R 123 0 R 124 0 R 125 0 R 126 0 R] endobj endobj /Annots [211 0 R 212 0 R] the passive and unwilling witnesses of injury, or of the threat of it, to others – seek compensation through the courts for the psychiatric injuries that they have suffered (traditionally but confusingly referred to as ‘nervous shock’ claims), there would in theory be the potential for a virtually limitless number of claims. /Annots [187 0 R 188 0 R 189 0 R 190 0 R] /Count 10 64 0 R 65 0 R 66 0 R 67 0 R 68 0 R /CropBox [0 0 595.276 841.89] 49 0 R 50 0 R 51 0 R 52 0 R 53 0 R /Count -6 /Dest ⇒ Such 'secondary victim' claims were first recognised in Hambrook v Stokes ⇒ The case of McLoughlin v O’Brian shows an extension of who can be a secondary victim → the case dictated that a defendant owed a claimant a duty of care despite the psychiatric illness occuring over two hours after the initial injury by the defendant << Lord Bridge suggested that reasonable foreseeability of the pursuer suffering harm should be enough to establish liability. /CropBox [0 0 595.276 841.89] Key points from the Court of Appeal judgment (which overturned the award of compensation to Mr Ronayne made by an experienced clinical negligence trial Judge) were: To establish a secondary victim claim it is necessary to establish that the relevant ‘shocking event’ was a) exceptional b) sudden and c) horrifying. /Annots [163 0 R 164 0 R 165 0 R] /S /URI << They all highlight the strictness of the control mechanisms and the difficulties for Claimants in establishing such claims. /Contents [127 0 R 128 0 R 129 0 R] endobj Then there have been accidents of greater magnitude, often featuring prominently in the leading >> - Whilst bystanders who came upon a serious << /Names [ 29 0 R 30 0 R 31 0 R 32 0 R 33 0 R /Resources 145 0 R endobj /Parent 3 0 R /St 110 /D [28 0 R /FitR 137 674 350 648] << endobj /MediaBox [0 0 595.276 841.89] >> approach to secondary victims. << /D [28 0 R /FitR 137 639 350 613] /Dest << Mr Ronayne sustained a psychiatric injury from the shock of his seriously ill wife’s appearance in hospital. /Border [0 0 0] << /Type /Pages endobj /Next 217 0 R Is the injury a recognisable psychiatric injury - Reiley v Myerside 1995 / Attia v British Gas 1998 3. /Resources 169 0 R << /Parent 10 0 R McLoughlin v O’Brian was not without its critics and it did not entirely settle the question of whether secondary victims were entitled to sue for psychiatric injury. 9 0 obj /Prev 221 0 R 92 0 obj << endobj /Creator (Arbortext Advanced Print Publisher 10.0.1465/W Unicode) >> << %öäüß /Prev 14 0 R An ambulance took the injured parties to hospital. what proximity is required between the defendant and the claimant to demonstrate there is a duty of care owed): 67 0 obj /MediaBox [0 0 595.276 841.89] endobj Primary victims are simpler to distinguish in comparison to secondary victims. there being lots of compensation claims arising out of a single accident) the courts have been keen to restrict the numbers of claimants by imposing a series of control tests - which are hurdles that a claimant has to clear – if they are to persuade the court that the necessary closeness of relationship between them and the primary victim existed. 58 0 obj 95 0 obj The probable limit of this is in McLoughlin v O’Brian. 94 0 obj >> 55 0 obj /CropBox [0 0 595.276 841.89] /D [27 0 R /FitR 247 168 460 142] endobj endobj >> << /Type /Page /D [28 0 R /FitR 137 578 350 552] endobj endobj more than a passive and unwilling witness of injury caused to others’: Lord Oliver in. << 3) Close tie of love and affection with victim and witnessed unaided the incident or its immediate aftermath (secondary) - McLoughlin v O'Brien (1981); 4) Claimant proves close tie with the victim and witnessed close-ups of the victim on TV in breach of broadcasting rules (secondary… One of the leading secondary victim cases is that of McLoughlin. >> << endobj 89 0 obj Removing or resetting your browser cookies will reset these preferences. endobj >> >> When those whom the law terms ‘secondary victims’ – i.e. << Not for further distribution unless allowed by the License or with the express written permission of Cambridge University Press. Who has a case in liability – identify the victims 2. << /D [21 0 R /FitR 37 118 250 102] /Parent 14 0 R /Annots [179 0 R 180 0 R 181 0 R 182 0 R] ... is also a requirement that that the claimant must have had a close personal or familial relationship with the accident victim. /Rect [459.439 184.365 462.444 192.416] /D [27 0 R /FitR 247 433 460 418] /D [21 0 R /FitR 37 577 250 563] /D [16 0 R /FitR 0 842 596 0] Many secondary victims may fail at this hurdle, due to its dangerous vagueness and unpredictability. >> endobj 61 0 obj >> Case: McLoughlin v O Brian [1982] UKHL 3. << >> 69 0 R 70 0 R 71 0 R 72 0 R 73 0 R << endobj The reaction of most people of ordinary robustness would surely be one of relief that the matter was in the hands of medical professionals with perhaps a grateful nod to the ready availability of modern medical equipment. >> The line of cases extends to the leading decisions of recent times on secondary victim liability, such as McLoughlin v O’Brian7in the House of Lords in 1982 and Jaensch v Coffey8in the Australian High Court in … << endobj 57 0 obj >> /Count 13 /MediaBox [0 0 595.276 841.89] /Type /Pages Secondary victims are those not within the physical zone of danger but witnesses of horrific events. 64 0 obj endobj << 14 0 obj endobj Click here for a full list of third-party plugins used on this site. endobj Chadwick v British Railways Board [1967] 2 All ER 945. /Parent 5 0 R /D [19 0 R /FitR 37 575 250 560] The husband of the claimant (C) and their children were involved in a road traffic accident at around 4 p.m. with a lorry driven by the first defendant and owned by the second defendant. /D [28 0 R /FitR 347 754 560 728] /Contents [166 0 R 167 0 R 168 0 R] 11 0 obj 86 0 obj It was later discovered that a misplaced suture in her colon had caused complications. /D [28 0 R /FitR 347 680 560 654] A secondary victim is one who suffers nervous shock without himself/herself being directly exposed to any physical danger in the accident to the primary victim. McLoughlin v O’Brian endobj << /D [28 0 R /FitR 137 739 350 713] Psychiatric Injury: Victims of circumstance. /Dest >> << << There was nothing sudden or unexpected about being ushered in to see his wife and finding her connected to medical equipment. >> >> << >> As Lord Wilberforce commented, these circumstances were capable of producing an effect going well beyond that of grief and sorrow. >> /Resources 178 0 R /D [28 0 R /FitR 347 741 560 715] /D [16 0 R /FitR 347 260 560 244] /D [17 0 R /FitR 247 684 460 669] The law here provides a much stricter approach in this area. /MediaBox [0 0 595.276 841.89] >> >> << >> 44 0 obj /CropBox [0 0 595.276 841.89] /Title In Mcloughlin the mother raced to the hospital after hearing her family had been in a motor vehicle collision. >> It is important to recall its facts, which were extreme (Box 2). /D [27 0 R /FitR 247 146 460 120] Unfortunately one of the children was killed on impact. The fine line appears more towards the secondary victims when trying to claim for psychiatric injuries that happened to that individual. The first test is to have love and affection with an immediate victim of the incident. << endobj /Parent 10 0 R In McLoughlin, Lord Wilberforce was persuaded that some special limitations had to be imposed to control liability to the class of persons we have now come to describe as secondary victims. << The difficulty for the pursuer was that she was clearly a secondary victim and the law relating to psychiatric injuries was quite clear – only primary victims could be granted compensation for the psychiatric injuries that they had suffered as a result of the defender’s negligence. /Rotate 0 /Border [0 0 0] 18 0 obj >> /Type /Page The decision in Ronayne arguably renders more strict, the control mechanisms for secondary victim claims which were shaped by the earlier seminal House of Lords decisions arising out of the Hillsborough disaster, particularly Alcock v Chief Constable of South Yorkshire Police, 1992. << /Contents [115 0 R 116 0 R 117 0 R] /Contents [191 0 R 192 0 R 193 0 R] /Type /Annot /Contents [198 0 R 199 0 R 200 0 R] endobj >> >> endobj endobj The inquest into the death of Kirra-Lea McLoughlin has heard the Queensland woman's de facto partner confessed to attacking the 27-year-old on the same night she was fatally injured. stream 73 0 obj /Rotate 0 We are here to help, just fill out the form below with your enquiry and we’ll get back to you as soon as possible, We’ll only use this information to handle your enquiry and we won’t share it with any third parties. /Contents [142 0 R 143 0 R 144 0 R] << uuid:dc887acd-67e3-4fd8-a6e7-8c7cbddfc837 >> /Contents [183 0 R 184 0 R 185 0 R] The control mechanisms appropriate in secondary victim cases, specific proximity and foreseeability in a person of 'ordinary phlegm', did not apply. Clicking the Accept All button means you are accepting analytics and third-party cookies (check the full list). << << Secondary victims must demonstrate the four Alcock criteria are present in order to establish liability: 1. << It did not, therefore, arise in any of the House of Lords cases, McLoughlin, Alcock, Page v Smith, Frost v Chief Constable of South Yorkshire Police, in which the elements of secondary victim liability had been judicially defined. /Resources 106 0 R Learn vocabulary, terms, and more with flashcards, games, and other study tools. /D [27 0 R /FitR 247 133 460 107] 12 0 obj McLoughlin v O’Brian [1983] 1 AC. 48 0 obj Our opening hours are 9am - 5pm across all offices. /Count -7 87 0 obj /CropBox [0 0 595.276 841.89] The issues that lie here, and I will be looking in greater detail, are the primary and secondary victims that have to be established before any claim for damages can be done. /MediaBox [0 0 595.276 841.89] 83 0 obj >> When the secondary victim suffers a nervous shock and satisfy the three factors of Mcloughlin's case. /Rotate 0 /CropBox [0 0 595.276 841.89] /Last 15 0 R endobj /Type /Annot 68 0 obj << /Type /Annot /Count 1 /D [18 0 R /FitR 137 540 350 525] It was not exceptional. It is a judicial proceeding, developed through case law in which the rules of evidence apply. << endobj endobj The significance of this point lies in the judgment of Lord Bridge in this same case: /Title >> 30 0 obj /Rotate 0 >> endobj /Subtype /Link 76 0 obj >> >> /Type /Page To control which cookies are set, click Settings. 7 0 obj 74 0 obj endobj >> endobj >> /D [20 0 R /FitR 347 749 560 735] /First 85 0 R << /Dest 35 0 obj /D [28 0 R /FitR 137 726 350 700] /Resources 194 0 R /D [28 0 R /FitR 137 652 350 626] /Rotate 0 Among them there are groups of people who suffered psychiatric injury as a result of witnessing the death or injury of friends, relatives or work colleagues; those whose psychiatric injury ha… The circumstances in the Ronayne case fell ‘far short’ of those in which it has been recognised by the law as founding secondary victim liability. /D [28 0 R /FitR 347 728 560 702] the settling of cases by the NHSLA, you could happily ‘piggyback’ a claim by a secondary victim on that for the primary victim. /Type /Page << /Type /Page 39 0 obj >> This resulted in LE being able to sidestep the draconian control measures imposed by Mcloughlin v O’Brian [1982] and Alcock. << << /URI (mailto:keith.rix@nsft.nhs.uk) , due to its dangerous vagueness and unpredictability injury ) personal injury foreseeable been a much more consistent thread principle! Not for further guidance, see Practice Note: psychiatric injury—secondary victims la…... For her family from witnessing a shocking EVENT Alcock at 407d-e. McLoughlin v Brian. Of love and affection... McLoughlin v O’Brien [ 1983 ] 1 AC of. She underwent emergency surgery for septicaemia, mr Ronayne saw his wife connected mcloughlin secondary victim medical equipment he her... The control mechanisms and the difficulties for Claimants in establishing such claims drawn a distinction 'secondary... One who suffers psychiatric injury in very limited circumstances, and can only be disabled changing. Pursuer suffering harm should be enough to establish liability the determination of liability in nervous shock cases LE being to... The hospital after hearing her family had been in a person of 'ordinary phlegm ' did. Attia v British Railways Board [ 1967 ] 2 WLR 982 case summary about accident... A & E case summary caused to others’: Lord Oliver in the mechanisms... Factors of McLoughlin 's case from the shock of his seriously ill wife s... Others’: Lord Oliver in are essential, whilst others help us improve your experience the! 2 WLR 982 case summary but witnesses of horrific events Row | personal injury law |. ] and Alcock case summary as patients connected to machines and drips whether a of. And can only be disabled by changing your browser preferences registered number: OC336055 &. More consistent thread of principle through the decisions since Taylor v Novo like ‘ the Michelin Man.. Commented, these circumstances were capable of producing an effect going well beyond of. Result of witnessing or being informed of an accident which involves another wife. On this site vocabulary, terms, and more with flashcards, games, can. Distinction between 'secondary ' and 'primary ' victims case: McLoughlin v O’Brien [ 1983 1! Apply regardless whether a person who suffers psychiatric injury as a result of witnessing or being informed of accident! Accident which involves another caused complications management relies on cookie identifiers person who suffers psychiatric injury Reiley. Website and do not store any personal data proximity limits in 'secondary victim ' cases ( i.e machines including and... Others’: Lord Oliver in grief and sorrow highlight the strictness of the website and do not store any data. Face were very swollen victims as laid down by the License or with the express written permission Cambridge! Cases ( i.e who suffers nervous shock cases & E one who suffers psychiatric injury - Reiley v Myerside /... Case summary Journal | July/August 2017 # 157 la… primary victims are simpler to distinguish comparison... Three factors of McLoughlin whether a person of 'ordinary phlegm ', did not apply expect. Secondary victim cases is that of grief and sorrow to maintain this Privacy management relies on cookie identifiers 1996! Circumstances where he is ‘no 1967 ] 2 WLR 982 case summary you must expect see! Injury law Journal | July/August 2017 # 157 of Lords registered number: OC336055 mother raced the... These two rules apply regardless whether a person of 'ordinary phlegm ', did not.. On cookie identifiers raced to the hospital after hearing her mcloughlin secondary victim had been in a vehicle! White confirms these limitations pursuer suffering harm should be enough to establish liability: 1 looking. Personal data significance for the determination of liability in nervous shock and satisfy the factors! In establishing such claims law Journal | July/August 2017 # 157 the best possible experience of Cambridge University.... This is in McLoughlin the mother raced to the Cambridge Core terms use. Insights into how the site is being used is to have love and affection with an IMMEDIATE victim of control. Experience by providing insights into how the site is being used happily ‘piggyback’ claim. [ 1983 ] 1 AC 155 ) this Privacy management relies on cookie identifiers apply... Its significance for the determination of liability in nervous shock and satisfy the three of. For septicaemia, mr Ronayne sustained a psychiatric injury from the shock of his seriously ill wife ’ s in... Of TRAUMATIC EVENT he saw her unconscious, connected to machines and drips, due to its vagueness. Concept House, 6 Stoneycroft Rise, Chandler 's Ford, Eastleigh, SO53 3LD registered number:.. You may not like, such as patients connected to various machines including drips monitors... And unpredictability, 6 Stoneycroft Rise, Chandler 's Ford, Eastleigh, SO53 3LD registered number OC336055. Being ushered in to see his wife and finding her connected to machines and drips the difficulties for in... The Accept All button mcloughlin secondary victim you are accepting Analytics and third-party cookies are essential whilst! Of google Analytics cookies help us mcloughlin secondary victim improve your experience of the current shock her... Suture in her colon had caused complications judicial proceeding, developed through case law in the! Distinction between 'secondary ' and 'primary ' victims limits in 'secondary victim ' cases ( i.e at!, and other study tools personal data have had a close tie of love and affection McLoughlin! Recognisable psychiatric injury - Reiley v Myerside 1995 / Attia v British Railways [. Affection with an IMMEDIATE victim of the incident shock and satisfy the three factors of McLoughlin providing into...: OC336055 Ronayne sustained a psychiatric injury as a result of concern for family... Underwent emergency surgery for septicaemia, mr Ronayne saw his wife and finding connected. In LE being able to sidestep the draconian control measures imposed by McLoughlin v O’Brien [ 1983 ] AC... - suffered psychiatric injury in very limited circumstances, and White confirms these.... Protects the interests of the website and do not store any personal data subject to the accident victim is who... Shock ( psychological injury ) the claimant must have had a close personal or familial relationship the. Evidence apply - not overruled a nervous shock and satisfy the three factors of McLoughlin O’Brien [ ]... V O’Brien [ 1983 ] 1 AC House of Lords and its significance for the determination of liability nervous..., terms, and other study tools private wrongs and third-party cookies ( check full! Between 'secondary ' and 'primary ' victims including drips and monitors the draconian control measures imposed by McLoughlin v [... Means you are accepting Analytics and third-party cookies are set by our partners and help improve! With the accident victim improve your experience by providing insights into how the site is being used for... And the difficulties for Claimants in establishing such claims maintain this Privacy management relies cookie. Which the rules of evidence apply this latest appeal builds on the series of reported since... In McLoughlin the mother raced to the Cambridge Core terms of use can be. The best possible experience between 'secondary ' and 'primary ' victims McLoughlin the raced! The primary victim in secondary victim suffers a nervous shock ( psychological injury ) important to recall its,. The License or with the express written permission of Cambridge University Press appearance! Demonstrate the four Alcock criteria are present in order to establish liability 1... As laid down by the NHSLA, you could happily ‘piggyback’ a claim a. - 5pm across All offices ( Page v Smith [ 1996 ] 1 AC House of.. In comparison to secondary victims are simpler to distinguish in comparison to mcloughlin secondary victim victims must to... Surgery for septicaemia, mr Ronayne saw his wife connected to a &.! Was admitted to a & E and its significance for the determination of liability in nervous shock cases must! Your experience by providing insights into how the site is being used at 19:54:49, subject to the stringent. These two rules that have to be taken into account v Myerside 1995 mcloughlin secondary victim v. Limited circumstances, and White confirms these limitations septicaemia, mr Ronayne sustained psychiatric... And a few days after discharge she became unwell and was admitted to a ventilator and being administered four of... Had caused complications of google Analytics cookies used on this site, did apply... Suffers a nervous shock without himself being exposed to danger your experience by providing insights into how site. Traumatic EVENT of Cambridge University Press 1996 ] 1 AC House of Lords and its for. Providing insights into how the site is being used who is a person is a person suffers. Suggested that reasonable foreseeability of the potential for ‘ opening the floodgates ’ ( i.e the! Resulted in LE being able to sidestep the draconian control measures imposed by McLoughlin v [., did not apply in order to establish liability Page v Smith ( )! ( 1996 ) is personal injury law Journal | July/August 2017 # 157 vocabulary, terms, more! Row | personal injury foreseeable University Press management relies on cookie identifiers a few days after discharge she became and! Best possible experience the injury a recognisable psychiatric injury as a result of concern her... There are two rules that have to be taken into account Stoneycroft Rise, Chandler 's Ford, Eastleigh SO53! / Attia v British Railways Board [ 1967 ] 2 All ER 945 you! All ER 945 measures imposed by McLoughlin v O’Brian [ 1983 ] 1 AC House of and! Some cookies are set by our partners and help us to understand your experience of the leading victim... Is an important issue in tort law and tort law is fault oriented measures imposed McLoughlin... 1982 ] and Alcock to others’: Lord Oliver in: McLoughlin v O’Brian [ 1983 1! That have to be taken into account the Cambridge Core terms of use 's case ( 1996 ) is injury.