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Words: | Submitted: Tue Jun 20 2006
... well established law that there is no compensation for mere grief and distress in the absence of other injury: "In English law no damages are awarded for grief or sorrow caused by a person's death...Damages are however recoverable for nervous shock, or...for any recognizable psychiatric illness caused by the breach of duty of the defendant."2 By contrast, compensation for psychiatric illness is well established: "While damages cannot...be awarded for grief and sorrow, a claim for damages for "nervous shock"...can be made without the necessity of showing direct impact or fear of immediate personal injury for one's self..."3 Secondly, there is a classification of primary victims and secondary victims. The law on compensation for psychiatric illness unaccompanied by other injury has traditionally used an analysis, which considers claimants as either "primary victims" or "secondary victims". This dichotomy was emerged from the case of Page4. In this case House of Lords held ...
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