secondary victims

Paul & Ors v Royal Wolverhampton NHS Trust [2022] EWCA Civ 12 For readers hoping that 2022 would bring more clarity on the scope of secondary victim status in clinical negligence claims, the message from the Court of Appeal is… wait a little longer. The Court of Appeal has handed…

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…

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…

Paul & Anor v The Royal Wolverhampton NHS Trust [2020] EWHC 1415 (QB)  This article originally appeared in Issue 6 (September 2020). Following a series of secondary victim claims being struck out or dismissed on the grounds that there is insufficient proximity as required by the Alcock control mechanisms (see,…

Paul v The Royal Wolverhampton NHS Trust (Rev 1) [2019] EWHC 2893 (QB)  This article originally appeared in Issue 3 (November 2019). This was an application for strike out and/or summary judgment heard by Master Cook in a secondary victim claim.  Background  Mr Paul had a significant medical history including…