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…

Proximity in Secondary Victim Claims

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,…

Secondary Victim Claims and Clinical Negligence

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…