Nervous shock meaning

Young v Downey [2025] EWCA Civ 177 What are the practical implications of this case? This decision provides valuable direction on how nervous shock claims apply to child secondary victims, and examines the extent of cognisance those children must have to fall within the class of claimants able to recover. It is also of some, albeit limited, broader relevance to circumstances where people may not immediately and fully appreciate the level of danger faced by their loved ones in context. The class of claimants permitted to recover for such injuries has, traditionally, been constrained by certain ‘control mechanisms’, most clearly described in Alcock v Chief Constable of South Yorkshire [1991] UKHL 5 (not reported by LexisNexis®UK). The claimant must: witness a sudden, shocking event; which, in material terms, involves the death or injury of a sufficiently proximate loved one; and be such that a person of normal fortitude would suffer some psychiatric injury. Does this formulation require an appreciation of...

This Practice Note explores what constitutes a fatal injury action, the situations in which such a claim might arise, who may bring proceedings, and the categories of damages that could be pursued. It reviews Part IV of the Civil Liability Act 1961 (Ireland) (CLA 1961 (IRL)), the statutory framework governing the law in this area concerning fatal injuries. It also outlines when such claims arise, who may claim, and the recoverable categories of damages. What is a fatal injury action? When a person dies because of the negligent or wrongful conduct of another individual or individuals, a claim can be brought against the alleged wrongdoer or wrongdoers; this is termed a fatal injury action. Fatal accidents may occur in numerous ways, for instance a road traffic collision or a fatal episode at work...