header-logo header-logo

09 October 2008
Issue: 7340 / Categories: Features , Personal injury
printer mail-detail

Update from the courts

Christopher Russell discusses nervous shock and fraudulent claims

 

 
In Monk v Harrington [2008] EWHC 1879, [2008] All ER (D) 20 (Aug), George Leggatt QC, sitting in the Queen's Bench Division, concluded that Monk, who suffered psychiatric injury having rendered assistance to the victim of a construction accident, was not entitled to damages.

In January 2004, during the building of the new Wembley Stadium, a working platform fell 60 feet, killing one man and seriously injuring another. Monk went to the scene and tried to help both men. He subsequently developed symptoms of Post Traumatic Stress Disorder and depression and was unable to work.

The issue at trial was whether or not Monk's claim fell within the claims of the class of persons entitled to damages for psychiatric injury caused by the admitted negligence of Harrington, Monk's employer.

Monk's claim was on two bases: first his involvement was such that he fulfilled the criteria to recover compensation as a rescuer and as such was a primary victim. Further, there was sufficient proximity to the accident

If you are not a subscriber, subscribe now to read this content
If you are already a subscriber sign in
...or Register for two weeks' free access to subscriber content

MOVERS & SHAKERS

Weightmans—Jason Slatcher

Weightmans—Jason Slatcher

Weightmans appoint new Chief Technology Officer

Mishcon de Reya—trainees

Mishcon de Reya—trainees

Mishcon de Reya announces trainee retention rate of 86%

Sackers—Charlotte Adams & Fraser Sutton

Sackers—Charlotte Adams & Fraser Sutton

Sackers welcomes two new Graduate Solicitor Apprentices

NEWS
LexisNexis is delighted to announce the launch of the LexisNexis Legal Awards 2027, celebrating outstanding achievement, innovation and impact across the legal profession
The Legal Services Board (LSB) is to take further enforcement action against the Solicitors Regulation Authority (SRA), setting additional performance targets and ‘intensifying’ its oversight, it has said
Regulators missed several opportunities to intervene in PM Law Group before it collapsed, an independent review by City firm Jenner & Block has found
An employer’s vicarious liability for the alleged torts of an employee cannot be transferred by TUPE, the Court of Appeal has confirmed
Tiered fees of up to £1,500 for Legal Ombudsman (LeO) cases could leave firms with little option but to pay out, lawyers have warned
back-to-top-scroll