Nervous Shock- Establishing Duty of Care

Nervous Shock- Establishing Duty of Care

1. Has C suffered a recognised psychiatric injury?

   • Yes - Apply normal Caparo rules - Is harm foreseeable?
     • No - No duty owed.
     • Yes - Is there sufficient proximity?
       • Yes - Is it Fair, Just and Reasonable?
         • Yes - Duty owed
         • No - No duty owed.
         • White v CC South Yorkshire
       • Bourhill v Young
     • Bourhill v Young
     • Dulieu v White
   • No - Use Alcock rules - does C have close ties to the victim?
     • Yes - was C at the scene or the immediate aftermath?
       • Yes- Did C witness the events?
         • Yes- Duty owed
         • No - No duty owed.
         • Boyle v Keegan
       • Alcock
     • No - No duty owed
     • McLoughlin v O'Brian
     • Bourhill v Young
   • Vernon v Bosley
   • Reilly v Mersyside