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Young v Charles Church (Southern) Ltd [1997] 39 BMLR 146

By Oxbridge Law TeamUpdated 04/01/2024 07:04

Judgement for the case Young v Charles Church (Southern) Ltd

Table Of Contents

  • Plaintiff was working when a workmate nearby was electrocuted and killed because Defendant (employer) was in breach of safety regulations, and as a result suffered psychiatric illness.

  • CA allowed Plaintiff’s claim for negligence causing nervous shock saying:

    1. Defendant, as an employer, was under a duty of care to Plaintiff;

    2. Plaintiff suffered harm as a secondary party; and

    3. Plaintiff came within the protection of fear for personal injury as established in EE Caledonia, that a person could sue if he was in the area of actual danger even though he escaped. 

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