Nervous Shock

Question 1

What are ‘Anna’s elements’?

Answer 1

The claimant must have a recognised psychiatric illness caused by a single sudden shocking event.
The claimant must be either a primary or secondary victim

Question 2

Reilly v Merseyside regions heath authority

Answer 2

No liability was found when an old couple became trapped in a lift and suffered insomnia and claustrophobia after they were rescued

Question 3

Vernon v Bosley

Answer 3

C witnessed children drowning in a car negligent driven by their nanny. He was able to claim for pathological grief

Question 4

North Glamorgan NHS v Walters

Answer 4

Doctors failed to diagnose a liver transplant for a 10 month of baby, the baby died in mums arms. Claim won for pathological grief

Question 5

Taylor v A.Novo

Answer 5

C’s mum injured at work, 3 months later she collapsed and died
Claim failed as it wasn’t an SSS

Question 6

Liverpool women’s hospital v Ronayne

Answer 6

Wife had an operation that went wrong so she had to have another one, husband (c) went to see her and suffered PTSD. Claim failed as it wasn’t one SSS it was a few experiences

Question 7

What criteria needs to be met to claim as a primary victim?

Answer 7

Recognised psychiatric illness caused by a single sudden shocking event. MUST have also been in danger

Question 8

Dulieu v White

Answer 8

Horse and cart crashed through the window where C was working, she was able to claim as she feared her safety

Question 9

Page v Smith

Answer 9

C was in a crash caused by D and suffered ME due to shock. Claim won as it was foreseeable C would suffer physical or psychiatric illness

Question 10

Simmons v British steel

Answer 10

C was injured due to employers negligence. Suffered worsening of psoriasis and personality change. Court imposed liability as C was a primary victim

Question 11

Hambrook v stokes bros

Answer 11

Woman suffered shock seeing a runaway lorry going down a hill towards where her kids were. It would have been unfair not to compensate her as she feared for her kids rather than her own safety.

Question 12

Dooley v Cammell laird

Answer 12

C was operating a crane and it dropped a heavy load onto the ship where his colleagues were. He suffered shock as he thought he had killed them.
C was able to claim against his employers as they had negligently made the load to fall

Question 13

McLaughlin v O’Brien

Answer 13

C was told her husband and children were in a crash after two hours she went to hospital and suffered depression and personality changes.
HL said she could claim as she was at immediate aftermath

Question 14

What are bystanders expected to be?

Answer 14

They’re expected to have reasonable phlegm and fortitude

Question 15

Attia v British Gas

Answer 15

Engineers negligently caused a fire and she watched her house burn down, her claim for shock was successful as it was foreseeable she would suffer an rpi in this situation

Question 16

What did we learn from Alcock v chief constable of South Yorkshire

Answer 16

Secondary victims must have a close tie of love and affection, there must be proximity and must have perceived the event with their own unaided senses

Question 17

Taylor v sumerset HA

Answer 17

D failed to diagnose C’s husbands heart condition, he had a heart attack and C suffered shock when she found out he died.
Claim failed as it wasn’t traumatic enough and didn’t fulfil the test of temporal proximity

Question 18

W v Essex county council

Answer 18

Foster parents suffered shock as one of the children had been abusing her other kids. HL allowed the claim as they felt guilty for fostering an abusive kid

Question 19

Boylan v keegan

Answer 19

C’s daughter was hit by a car and he heard the whole thing over the phone. Claim was unsuccessful as he didn’t witness with own unaided senses

Question 20

White v chief constable of South Yorkshire

Answer 20

Police officers suffered ptsd after working Hillsboro

HL removed special treatment of rescuers as it would be unfair to allow police to claim but not the families

Question 21

Chadwick v BRB

Answer 21

C crawled into train wreckage and gave injections to trapped passengers
Claim successful as he was a primary victim who put himself in danger to help others

Question 22

Hale v London Underground

Answer 22

Fireman successfully claimed for PTSD after rescuing victims from the fire at kings cross

Question 23

Mac garland v EE Caledonia

Answer 23

C suffered shock after witnessing destruction caused the fire at oil rig. He helped casualties into his boat.
Claim failed because he was a bystander

Question 24

Greatorex v greatorex

Answer 24

C was officer on the scene of a crash his son caused and suffered shock seeing him. Claim failed on policy grounds as they’re family and a primary victim does not owe a duty