Jaademichelle
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#1
Report Thread starter 4 years ago
#1
I need to find some cases relating to whether it makes a difference if the victim (secondary victim) witnessed a deliberate act such as a shooting. Anyone have any ideas?

So far I only have Alcock - arguing that the Alcock criteria does not specify whether the act has to be deliberate.
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hotliketea
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the psychiatric injury criteria noted in Alcock relate to negligence claims, not intentional torts. However, you can frame it as being negligent AS TO their injury, which is easily done, and then all of the case law applies.

You would then need to satisfy the criteria set down per Lord Oliver in Alcock - proximity of perception, proximity in time and space and proximity of relationship.

I can expand on these requirements if you need me to, or let me know if I've misunderstood
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Nathan long
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For Psychiatric Injury in relation to primary and secondary victims take a look at the cases of
Dulieu V White (Primary Victims)
Dooley V Cammel Laird (Secondary Victims)

If your victim is a secondary Victim ensure that you apply the Aclock Rules derived from the case of Alcock V CCSY (Hillsbrough) to prevent excessive claims

Hope this helps
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