Taylor v A Novo (UK) Ltd [2013] EWCA Civ 194 (18 March 2013)

Taylor v A Novo (UK) Ltd [2013] EWCA Civ 194 (18 March 2013)

A secondary victim cannot recover damages for psychiatric injury resulting from witnessing the death of a primary victim that occurs weeks after the negligent accident, as the relevant event for proximity purposes is the original accident, not its later consequences. Extending liability to such circumstances would go beyond established control mechanisms and is not supported by authority.

Citation
[2013] EWCA Civ 194
Parties
Respondent/claimant: Crystal Taylor; Appellant/defendant: A. Novo (UK) Limited
Jurisdiction
England and Wales
Judgment Date
18 March 2013
Procedural Posture
Civil Appeal / Appeal From County Court to Court of Appeal
Outcome
Appeal allowed
Legal Topics
Negligence, Psychiatric Injury, Secondary Victims, Duty of Care, Proximity, Control Mechanisms
Tort Law Negligence Psychiatric Injury Secondary Victims Duty of Care Proximity Control Mechanisms

Case Brief

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Parties

Crystal Taylor

Respondent/claimant

A. Novo (UK) Limited

Appellant/defendant

Procedural Posture

Civil Appeal / Appeal From County Court to Court of Appeal

Legal Issues

  1. 1 Whether the claimant, as a secondary victim, can recover damages for psychiatric injury resulting from witnessing the death of her mother, which occurred weeks after the negligent accident caused by the defendant.

Ratio Decidendi

A secondary victim cannot recover damages for psychiatric injury resulting from witnessing the death of a primary victim that occurs weeks after the negligent accident, as the relevant event for proximity purposes is the original accident, not its later consequences. Extending liability to such circumstances would go beyond established control mechanisms and is not supported by authority.

Court Disposition

Appeal allowed

Orders

  • Judgment of the County Court set aside
  • Claim by Crystal Taylor as a secondary victim dismissed