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09 October 2008
Issue: 7340 / Categories: Features , Personal injury
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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

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Blake Morgan—Jennifer Ray & Louise Culleton

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Blake Morgan expands private client and regulatory teams with new legal directors

NEWS
A mood of cautious optimism has enveloped the criminal law sector following indications the Prime Minister may abandon planned jury reforms
Helping to source the services and providers you need
The Senior Courts Costs Office has clarified that judges conducting detailed assessment proceedings cannot order security for costs—a ruling that may leave successful parties exposed to further litigation expense
Rejecting a generous settlement can prove an expensive mistake, as two recent high-profile cases demonstrate
The Financial Conduct Authority (FCA) continues to show that failing to disclose regulatory issues can attract harsher consequences than the original misconduct itself
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