Christopher Russell discusses nervous shock and fraudulent claims
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 for him to qualify as a primary victim because he asserted
