Facts
- The claimant was a painter on a ship near an oil rig which caught fire
- The ship went to assist the oil rig, getting as close as 50 metres
- The claimant feared for his life and suffered mental injury from this, as well as from the shock of seeing men jump from the flaming rig
- The claimant was not actually in danger at any time
Issue
- Could the claimant recover as he subjectively had a fear of imminent danger as per Alcock
Decision
- No recovery
Reasoning
- The claimant was not a primary victim as a person of normal fortitude would not have feared in such circumstances, was not a reasonable fear
- The claimant did not satisfy the secondary victim test either
Citation
[1993] EWCA Civ 13
