I have an unusual question regarding a claim for compensation resulting from nervous shock. Earlier today Iheard a large bang from the garden so went to see what it was. I was rather taken aback by the sight before me. John Prescott was nude in my son's sand pit, laughing and giggling, making sandcastles. Fortunately my son is grown up so he was spared the sight, I however suffered immediate hysterical blindness, followed by an attmpted suicide to make the images stop. Fortunately the doctor has sedated me nicely. My question is whether I can sue Mr Prescott on the basis that it is reasonable that a person may suffer nervous shock as a result of seeing him naked like that? Oh no.....the tremblings started again....eye twitching....feeling hot......sweaty....cold....I am gonna faint.......thanks Prescott you.......................
Could he? I bet he would, typical of him. Everyone else is a victim and he thinks he can benefit from it. My eyes have recovered nicely now. Ooh that image though.
On the question of defamation? Read Hulton v. Jones, 1910.
For the nervous shock? Read Page v. Smith, [1996]) and also ****** v. Chief Constable of South Yorkshire [1992].
In my view, anyone named John Prescott who has had his reputation damaged by your post could sue for defation. As for the nervous shock, you would have a chance at a successful claim, but it's very unlikely to succeed. There is a lack of proximity.
It's not 'the' John Prescott that would be suing you for defaming him, it would be any other John Prescott who's reputation might have suffered. In reporting the event publicly you would have to be quite specific about the identity of the John Prescott who's actions apparently caused your mental health to suffer. Unfortunately the cause of your suffering is probably not sufficiently clear for you to pursue a successful claim under 'nervous shock'. Read the case law my friend.:-)