“Paul and Others v The Royal Wolverhampton NHS Trust [2022] EWCA Civ 12 (13 January 2022): The Court of Appeal dismissed a set of claims for psychiatric injury on the basis of prior binding authority, but indicated that the issue is suitable for consideration by the Supreme Court. The judgment concerns three linked appeals regarding the circumstances in which relative(s) of somebody injured or killed by alleged clinical negligence (the secondary victim(s)) can claim damages in respect of a psychiatric disorder caused by having witnessed the death or suffering of their loved one (the primary victim). For a defendant to be liable for a secondary victim’s psychiatric illness, the claimant needs to show the necessary legal proximity between themselves and the defendant. In Alcock v Chief Constable of the South Yorkshire Police [1992] 1 AC 310, Lord Oliver identified five elements which form the essential requirements of such a relationship …” (more)
[Thomas Hayes, UK Supreme Court Blog, 20 January]
First posted 2022-01-24 12:00:09
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