11 September 2008
Monk v PC Harrington Ltd [2008] EWHC 1879, [2008] All ER (D) 20 (Aug)
(i) In order to recover damages for psychiatric injury as a rescuer, it is necessary for the claimant to show that his involvement in the aftermath of the accident was such that he can fairly be described as a rescuer (and so trivial or peripheral assistance will not suffice) and that, in going to the rescue of the injured people, he objectively exposed himself to danger or reasonably believed that he was doing so.
(ii) In order to recover damages for psychiatric injury as an “unwilling participant”, the claimant’s injury must be caused by a genuine and reasonable belief that he has caused the death or injury of another.
