Hunter v British Coal Corporation Cementation Mining Company [1998] EWCA Civ 205 (11 February 1998)

Hunter v British Coal Corporation Cementation Mining Company [1998] EWCA Civ 205 (11 February 1998)

An employee who was not present at the scene of a fatal accident, did not witness the accident or its immediate aftermath, and whose psychiatric injury arose from survivor's guilt upon being told of the accident, does not qualify as a primary or secondary victim and cannot recover damages for psychiatric injury...

Source-derived case information.

Citation
[1998] EWCA Civ 205
Parties
Plaintiff/appellant: John Hunter; Defendant/respondent: British Coal Corporation; Defendant/respondent: Cementation Mining Company
Jurisdiction
England and Wales
Judgment Date
11 February 1998
Procedural Posture
Civil Appeal / Appeal From Sheffield County Court Judgment
Outcome
Appeal dismissed
Legal Topics
Psychiatric Injury, Negligence, Employer's Duty of Care, Primary and Secondary Victims, Foreseeability, Survivor's Guilt
Tort Law Employment Law Psychiatric Injury Negligence Employer's Duty of Care Primary and Secondary Victims Foreseeability Survivor's Guilt

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Parties

John Hunter

Plaintiff/appellant

British Coal Corporation

Defendant/respondent

Cementation Mining Company

Defendant/respondent

Procedural Posture

Civil Appeal / Appeal From Sheffield County Court Judgment

Legal Issues

  1. 1 Whether an employee not present at the scene of a fatal accident, but who believes himself responsible and suffers psychiatric injury, can recover damages as a primary or secondary victim.
  2. 2 Whether survivor's guilt and resulting psychiatric illness are compensable under English law in the absence of physical or temporal proximity to the accident.

Ratio Decidendi

An employee who was not present at the scene of a fatal accident, did not witness the accident or its immediate aftermath, and whose psychiatric injury arose from survivor's guilt upon being told of the accident, does not qualify as a primary or secondary victim and cannot recover damages for psychiatric injury under current English law.

Court Disposition

Appeal dismissed