Young v Downey [2025] EWCA Civ 177 (28 February 2025)

Young v Downey [2025] EWCA Civ 177 (28 February 2025)

The trial judge erred in rejecting the unchallenged expert psychiatric evidence that Ms Young, as a child, associated the traumatic events with danger to her father, thereby establishing the necessary proximity for recovery as a secondary victim. There is no separate legal requirement that a child must expressly appreciate the involvement of the loved one beyond the established control mechanisms.

Citation
[2025] EWCA Civ 177
Parties
Claimant/appellant: Sarah Jane Young; Defendant/respondent: John Anthony Downey
Jurisdiction
England and Wales
Judgment Date
28 February 2025
Procedural Posture
Civil Appeal / Appeal From High Court Judgment
Outcome
Appeal allowed
Legal Topics
Psychiatric Injury, Secondary Victims, Proximity, Expert Evidence, Damages
Tort Law Personal Injury Psychiatric Injury Secondary Victims Proximity Expert Evidence Damages

Case Brief

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Parties

Sarah Jane Young

Claimant/appellant

John Anthony Downey

Defendant/respondent

Procedural Posture

Civil Appeal / Appeal From High Court Judgment

Legal Issues

  1. 1 Whether a child secondary victim must appreciate that a loved one was involved in a traumatic event to recover damages for psychiatric injury
  2. 2 Whether the trial judge erred in rejecting expert psychiatric evidence on the claimant's appreciation and resulting injury

Ratio Decidendi

The trial judge erred in rejecting the unchallenged expert psychiatric evidence that Ms Young, as a child, associated the traumatic events with danger to her father, thereby establishing the necessary proximity for recovery as a secondary victim. There is no separate legal requirement that a child must expressly appreciate the involvement of the loved one beyond the established control mechanisms.

Court Disposition

Appeal allowed

Orders

  • Award of £121,500 damages to Ms Young for psychiatric injury, including aggravated damages, as assessed by the trial judge.