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The Continuing Plight of the Secondary Victim: An Analysis of the Law Relating to “Nervous Shock” in 2013 - Simon Allen, Slater & Gordon Lawyers

11/05/13. There will always be risk. As Lord Justice Jackson stated: “It is not the function of the law to eliminate every iota of risk.” The law does, however, believe that it must impose limitations on those who can claim damages. In the context of nervous shock, the limitation that a claimant must be “closely and directly affected by my act” (the neighbour test) does not remove the potential for...

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