In Taylor, The claimant’s mother was injured at her workplace through the negligence of a fellow employee. Witness the event with their own unaided senses. SMQ Legal solicitors lead by the Partner, Suezanne King, are actively involved in the interpretation of the secondary victim criteria, set by the case of Alcock, and analyse here by Suezanne’s team when and where this criteria requires extension to include a wider category of claimant given how ‘proximity’ no longer requires us to be physically present where a triggering event occurs. The issues that lie here, and I will be looking in greater detail, are the primary and secondary victims that have to be established before any claim for damages can be done. Future cases are likely to focus on pin pointing the exact moment when the effect of negligence first manifested itself. In Alcock, Lord Oliver identified several elements which had been found in the reported cases to be the essential criteria for a successful secondary victim claim, including most fundamentally (as recently emphasised in Liverpool Women ’ s Hospital NHS Foundation Trust v Ronayne [ 2015 ], hereafter referred to as Ronayne) that the claimant should have suffered frank psychiatric illness or … He was also present the following day for the delivery of the still-born baby. He accepted that the categorisation of primary and secondary victims is not closed, and the boundaries of proximity should be drawn as far as is possible to ‘reflect what the ordinary, reasonable person would regard as acceptable’. 4 0 obj Is harm reasonably foreseeable? The High Court has dismissed a claim by a secondary victim for psychiatric injury on the basis that the control mechanisms for secondary victims derived from Alcock were not satisfied. In the case of Wild and another v Southend University Hospital NHS Foundation Trust, the claimant’s wife had been under the antenatal care of a hospital managed by the defendant trust. It appears that Wild is the first case to apply Taylor in the clinical negligence context, and it would seem that there is now a requirement that a secondary victim is present at the first manifestation of the injuries sustained by the primary victim (or the immediate aftermath) as a result of a negligent act or omission and that this manifestation can be construed as a horrifying ‘event’ capable of being witnessed. Victorian Railway Commission v Coultas 1888 1. This is then very problematic, therefore that is why I hav… … The law here provides a much stricter approach in this area. endstream Defendant representatives and insurers will be pleased to note this recent series of nervous shock cases has put the brakes on attempts to extend the boundaries of secondary victim claims. 2. Secondary Victim Cases – in the Context of Tort Cases Generally The Need for Control Mechanisms in Secondary Victim Cases (a) The relationship between 2V and PV (close ties of love and affection) (b) 2V’s experience of the threat or injury to PV –Physical proximity to … We posted an article in May 2016 on the developing case law for secondary victims. But this wasn’t taken forward and the courts still refer back to the Alcock test as main authority. The psychiatric injury must be caused by – and result from – a “sudden and unexpected shock”. The Claimants accepted the Alcock control mechanisms are the starting point for secondary victim claims, but argued the law on secondary victims is complex and developing. This did not equate with actually witnessing a horrific event leading to a death or a serious injury. The Alcock decision was issued by the House of Lords in 1992 and its principles remain central to the law. Any other person is a secondary victim. First successful claim for psychiatric injury. 2. 2 0 obj Free trials are only available to individuals based in the UK. Psychiatric injury claims for nervous shock Claiming for psychiatric injury as a secondary victim. As a reminder, Taylor v Novo (UK) Ltd[2014] QB 150, [2013] EWCA Civ 194, was the first secondary victim claim to go to the Court of Appeal for ten years when it was decided in 2013. The High Court reinforced this requirement in the case of Brock & Anor v Northampton General Hospital NHS Trust & Anor . Courts took a less stringent approach in Dulieu Dulieu v White & Sons 1901 1. The principles of secondary victim claims are well established. Primary victims -those directly involved in sufficiently shocking (usually life threatening) situations. She had apparently made a good recovery, but approximately three weeks later, she suddenly and unexpectedly collapsed and died at home. Secondary victims must now satisfy three additional criteria (proximity of space, perception, and relationship) in order to succeed—thresholds that none of the claimants in Alcock were able to meet. With the passage of 27 years, other cases have expanded upon what is meant by each of the criteria, but the category of secondary victims who can claim damages remains broadly the same. Some of the Lords made obiter statements indicating that the Alcock criteria could be departed from in some cases: The individual must: have a relationship of love and affection with the victim; come across the ‘immediate aftermath’ of the event; have direct perception of the harm to the primary victim; and <>>> To decide whether Alcock clarified the law, this article will critically discuss … Since the case of Alcock v Chief Constable of Yorkshire Police was decided following the Hillsborough disaster in 1989, it has been well established that certain criteria must be met by the Claimant, to successfully bring a compensation claim for psychiatric injury as a secondary victim. <>/Font<>/ProcSet[/PDF/Text/ImageB/ImageC/ImageI] >>/MediaBox[ 0 0 720 540] /Contents 4 0 R/Group<>/Tabs/S/StructParents 0>> There must be a close relationship of love and affection between the primary victim and the secondary victim. <> stream Where confusion has crept in is where the Courts have tried to extend the link between a secondary victim and the event by allowing for recovery if the claimant witnesses the ‘immediate aftermath’. A close tie of … They referred to, North Glamorgan NHS Trust v Walters [2002] EWCA Civ 1792 . )-J��[���{0� j � �֨� ܌@.U.T�5Z��^g�Ǜ��p�`�kW[�Ȇ��B�x�`�N��-PT'�[$U��s�G��uyIeZ+�EB����!���b�+��;��G������FX[�\0�e/�EEBZ��T(t dH�c�;�E�s����sŶ+������mW��#p��%K\����Q`��+m�T���p Rely on the most comprehensive, up-to-date legal content designed and curated by lawyers for lawyers, Work faster and smarter to improve your drafting productivity without increasing risk, Accelerate the creation and use of high quality and trusted legal documents and forms, Streamline how you manage your legal business with proven tools and processes, Manage risk and compliance in your organisation to reduce your risk profile, Stay up to date and informed with insights from our trusted experts, news and information sources. Not directly threatened, often close family members of those injured or killed compliance intelligence using data... 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