Necessary Appreciation of the Accident in Secondary Victim Claims

Young v Downey [2020] EWHC 3457 (QB) The court dismissed the Claimant’s secondary victim claim arising out of the death of her father when she was four years old. Spencer J held that, where a secondary victim had witnessed the death, injury or imperilment of a loved one (or its…

Further Developments in Secondary Victims Claims

Polmear v Royal Cornwall Hospitals NHS Trust [2021] EWHC 2914 (QB) The High Court dismissed the Defendant Trust’s strike-out application in a secondary victim claim where the primary victim had ‘clearly suffered actionable damage’ prior to the shocking collapse. Master Cook held that it was not necessary to identify a…