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11 September 2008
Issue: 7336 / Categories: Case law , Law digest , Damages , Personal injury
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Personal injury

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.

Issue: 7336 / Categories: Case law , Law digest , Damages , Personal injury
printer mail-details

MOVERS & SHAKERS

NLJ Career Profile: Ken Fowlie, Stowe Family Law

NLJ Career Profile: Ken Fowlie, Stowe Family Law

Ken Fowlie, chairman of Stowe Family Law, reflects on more than 30 years in legal services after ‘falling into law’

Jackson Lees Group—Jannina Barker, Laura Beattie & Catherine McCrindle

Jackson Lees Group—Jannina Barker, Laura Beattie & Catherine McCrindle

Firm promotes senior associate and team leader as wills, trusts and probate team expands

Asserson—Michael Francos-Downs

Asserson—Michael Francos-Downs

Manchester real estate finance practice welcomes legal director

NEWS
Children can claim for ‘lost years’ damages in personal injury cases, the Supreme Court has held in a landmark judgment
The Supreme Court has drawn a firm line under branding creativity in regulated markets. In Dairy UK Ltd v Oatly AB, it ruled that Oatly’s ‘post-milk generation’ trade mark unlawfully deployed a protected dairy designation. In NLJ this week, Asima Rana of DWF explains that the court prioritised ‘regulatory clarity over creative branding choices’, holding that ‘designation’ extends beyond product names to marketing slogans
From cat fouling to Part 36 brinkmanship, the latest 'Civil way' round-up is a reminder that procedural skirmishes can have sharp teeth. NLJ columnist Stephen Gold ranges across recent decisions with his customary wit
Digital loot may feel like property, but civil law is not always convinced. In NLJ this week, Paul Schwartfeger of 36 Stone and Nadia Latti of CMS examine fraud involving platform-controlled digital assets, from ‘account takeover and asset stripping’ to ‘value laundering’
Lasting powers of attorney (LPAs) are not ‘set and forget’ documents. In this week's NLJ, Ann Stanyer of Wedlake Bell urges practitioners to review LPAs every five years and after major life changes
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