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Update from the courts

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