Paul v Royal Wolverhampton NHS Trust and Purchase v Ahmed
13 January 2022
The Court of Appeal has today given its judgment in the cases of Paul v Royal Wolverhampton NHS Trust, Polmear v Royal Cornwall Hospital NHS Trust and Purchase v Ahmed (13 January 2022).
°ÄÃÅÁùºÏ²Ê×ÊÁÏ LLP instructed Charles Bagot QC and Charlotte Jones on behalf of NHS Resolution, the Royal Wolverhampton NHS Trust and Dr Ahmed. The decision clarifies how the proximity test should be applied in clinical negligence cases.
In all three cases, close relatives claimed compensation for psychiatric injuries suffered as a consequence of witnessing the collapse of their loved ones.
Since the House of Lords decision in Alcock v Chief Constable of the South Yorkshire Police (1992), the courts have limited the extent to which Defendants can be held liable for psychiatric injuries suffered by close relatives.
The Court of Appeal have concluded that:
- The five elements required to establish legal proximity in secondary victim cases apply as much to clinical negligence cases as they do to in accident cases.
- For a secondary victim to be sufficiently proximate to claim for psychiatric injury, the horrific event cannot be a separate event removed in time from the negligence.
- If the negligence and the horrific event are part of a continuum, as they were in Walters v North Glamorgan NHS Trust (2002), there is sufficient proximity.
- The Court of Appeal’s previous judgment in Taylor v A. Novo (UK) Ltd (2013 is binding authority for the proposition that no claim can be brought in respect of psychiatric injury caused by a separate horrific event removed in time from the original negligence, accident or a first horrific event.
- It is for the Supreme Court to decide whether to depart from the law as stated in Taylor v A. Novo.
The Court of Appeal has allowed the appeals made by the NHS Trusts in Paul and Polmear and dismissed the appeal by Tara Purchase.
Contact
Mark Hickson
Head of Business Development
onlineteaminbox@brownejacobson.com
+44 (0)370 270 6000
Contact Mark
You may be interested in...
13 December 2024
°ÄÃÅÁùºÏ²Ê×ÊÁÏ
Navigating workplace sexual harassment laws during the festive season
12 December 2024
Press Release
Comments on new MHRA clinical trial regulations
25 February 2025
Online Event - Shared Insights
Shared Insights: Coroner's Question Time
04 February 2025
Online Event - Shared Insights
Shared Insights: Duty of Candour
10 December 2024
Opinion
Revolutionising the Workforce: Impact of Get Britain Working White Paper
14 January 2025
Online Event - Shared Insights
Shared Insights: Rising to health and care challenges and opportunities of 2025
04 December 2024
°ÄÃÅÁùºÏ²Ê×ÊÁÏ - Maternity services
University Hospitals of Derby and Burton NHS Foundation Trust invest in telemetry to improve maternity care and patient experience in labour
03 December 2024
°ÄÃÅÁùºÏ²Ê×ÊÁÏ
The new Mental Health Bill 2025: A closer look at its key provisions
03 December 2024
Opinion - Shared Insights
°ÄÃÅÁùºÏ²Ê×ÊÁÏ submits recommendations and proposals to the government for England’s 10 Year Health Plan
29 November 2024
°ÄÃÅÁùºÏ²Ê×ÊÁÏ - Maternity services
Informed consent and caesarean birth: RCOG launches new obstetrics animation
28 November 2024
Opinion
Key findings from the call for evidence on the statutory duty of candour
27 November 2024
Press Release
Comment on Older People's Housing Taskforce report
25 November 2024
°ÄÃÅÁùºÏ²Ê×ÊÁÏ
How the Data (Use and Access) Bill will impact the public sector
22 November 2024
Press Release
°ÄÃÅÁùºÏ²Ê×ÊÁÏ and NHS Transformation Unit explore provider group models in new report
21 November 2024
°ÄÃÅÁùºÏ²Ê×ÊÁÏ
Expanding your private patients unit roundtable
21 November 2024
Opinion
Duty of candour and patient safety incidents: Proposed amendments to CQC Regulations
15 November 2024
°ÄÃÅÁùºÏ²Ê×ÊÁÏ
Building an inclusive workplace: strategies for attracting and retaining disabled talent
12 November 2024
On-Demand - Shared Insights
Shared Insights: CQC enforcement and prosecution in the health and care sector
11 November 2024
On-Demand
Kinship care: DJ v Barnsley Metropolitan Borough Council and SG
11 November 2024
°ÄÃÅÁùºÏ²Ê×ÊÁÏ
Roundtable report: Community engagement in high street regeneration
08 November 2024
°ÄÃÅÁùºÏ²Ê×ÊÁÏ - Maternity services
MNSI annual report 2023/24: Key insights and future ambitions for maternity safety
06 November 2024
Opinion
New Mental Health Bill to be introduced in Parliament
01 November 2024
Opinion - Maternity services
Enhancing care for women with ectopic pregnancies: Insights from MBRRACE-UK
30 October 2024
Guide
Guide to inquests for mental health patients
28 October 2024
°ÄÃÅÁùºÏ²Ê×ÊÁÏ
Ozempic: The rising costs and coverage issues of weight loss medication
17 October 2024
°ÄÃÅÁùºÏ²Ê×ÊÁÏ
ABC pilot: Improving maternity safety to prevent brain injuries in childbirth
15 October 2024
°ÄÃÅÁùºÏ²Ê×ÊÁÏ - Maternity services
DISCERN study published: How to improve discussions with families when things go wrong in maternity care
15 October 2024
Press Release
°ÄÃÅÁùºÏ²Ê×ÊÁÏ to provide legal services to public bodies across UK after appointment on inaugural YPO framework
14 October 2024
°ÄÃÅÁùºÏ²Ê×ÊÁÏ
Balancing acts: Navigating the complex risks in adult social care provision
11 October 2024
Opinion
Lord Darzi’s report on the NHS in England and the future of mental health care
10 October 2024
°ÄÃÅÁùºÏ²Ê×ÊÁÏ
What the UK Covid-19 Inquiry means for higher education providers
09 October 2024
Press Release
°ÄÃÅÁùºÏ²Ê×ÊÁÏ launches new HR services offering in health and social care
08 October 2024
On-Demand - Shared Insights
Shared Insights: Learning the lessons from national inquiries
04 October 2024
°ÄÃÅÁùºÏ²Ê×ÊÁÏ
Employment Healthcare Briefing: October 2024
03 October 2024
°ÄÃÅÁùºÏ²Ê×ÊÁÏ
What does the Supreme Court decision in Tesco v USDAW mean for NHS employers?
01 October 2024
°ÄÃÅÁùºÏ²Ê×ÊÁÏ
Hybrid working, the right to flexible working and how to make it work for public sector employers
27 September 2024
°ÄÃÅÁùºÏ²Ê×ÊÁÏ - Procurement Act
Decisions of the Independent Patient Choice and Procurement Panel
25 September 2024
°ÄÃÅÁùºÏ²Ê×ÊÁÏ
Strike breakthrough: Junior doctors agree to pay deal, ending prolonged industrial action
25 September 2024
°ÄÃÅÁùºÏ²Ê×ÊÁÏ
Death certification reform in England and Wales: How will health and social care be affected?
23 September 2024