Clinical negligence secondary victim claims limited by Court of Appeal (Paul v Royal Wolverhampton)
In an article for Lexis PSL, Rob Weir QC assesses the recent Court of Appeal decision in Paul v Royal Wolverhampton NHS Trust and Others, in which he acted for the claimants.
"In Paul v Royal Wolverhampton NHS Trust and others, the Court of Appeal held that secondary victims can only claim in respect of a horrifying event which occurs at the same time as the defendant’s breach of duty. This is the case whether the claim is one in clinical negligence or for any other form of accident. Recognising that this operates seriously to limit the scope of recovery for secondary victims, not least in clinical negligence cases, the Court of Appeal indicated in its judgment that it was minded to grant permission to appeal to the Supreme Court. So it remains to be seen whether the Supreme Court, assuming the Court of Appeal do give permission to appeal, will adopt such a restrictive approach."
To access this article, please visit Lexis PSL.
Robert Weir QC's practice focuses on all aspects of personal injury and clinical negligence and the impact of the Human Rights Act on those areas. He is considered a "Star Individual" by Chambers & Partners.
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