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TORT LAW!!! (Nervous Shock) Plz help!! Watch

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    (Original post by gethsemane342)
    The Alcock rule is that there must be proximity in time and space (e.g. actually experience with all the senses at the time) as well as a close tie of love and affection e.g. someone's son, someone's parent. It's a *very* strict rule so being someone's friend, for example, isn't enough to cut it. So being that close would be enough to satisfy the proximity in time and space limb.

    Rescuers are the most common kind of primary victims because of the trauma they get when helping with the accident. Be careful though. If the rescuer is a policeman/fireman/someone whose job it is to be there, they cannot be primary or secondary victims because they are meant to be there. See Greatorex v Greatorex (fireman who is called to rescue someone and discovers it's his son who has been injured) and Frost v CC of S. Yorkshire (policemen at the Hillsborough disaster)
    Thanks for that iy's definately cleared things up! The rescuer was a qualified paramedic but he wasn't on duty when the incident occured, which from what you've said means he's a primary victim.. Thank you xxx
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    Another question, if the claimant has suffered a psychiatric injury and is unable to go to work due to this. Has he suffered financial loss?? Is there a case highlighting this? Thanks guys! x
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    (Original post by Lish88)
    Another question, if the claimant has suffered a psychiatric injury and is unable to go to work due to this. Has he suffered financial loss?? Is there a case highlighting this? Thanks guys! x
    I have one more question, sorry! Is the law commision report in force? Only because, if someone lost their partner (same gender) and they are classed as a secondary victim, would they satisfy the test laid down in Alcock of 'close ties of love and affection'??? It states in the law report no 249: liability for psychaitric ilness (1998) that they can satisfy this criteria if they have lived together for at least two years..

    Please advise!! Thank you once again!! =) xXx
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    (Original post by Lish88)
    I have one more question, sorry! Is the law commision report in force? Only because, if someone lost their partner (same gender) and they are classed as a secondary victim, would they satisfy the test laid down in Alcock of 'close ties of love and affection'??? It states in the law report no 249: liability for psychaitric ilness (1998) that they can satisfy this criteria if they have lived together for at least two years..

    Please advise!! Thank you once again!! =) xXx
    He can claim for loss of earnings if it's directly related. I think anyway. Haven't actually studied tort since June so you may want to double-check that but i think he can claim for loss of earnings.

    Law commission reports aren't in force. Their recommendations may be but not the report itself. If the report is stating the law *as it is* then yes. If it's stating its *recommended criteria* then it's not necessarily law. But if it's someone's long-term partner then, regardless of gender, they probably satisfy the test.
 
 
 
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