Young v Downey

Young v Downey

Claimant cannot recover for psychiatric injury as a secondary victim because she did not appreciate her father was involved at the relevant time; exemplary damages not recoverable in this context; dependency and pain and suffering claims allowed and quantified.

Parties
Claimant: Sarah Jane Young; Defendant: John Anthony Downey
Jurisdiction
England and Wales
Judgment Date
16 December 2020
Procedural Posture
Civil / Damages Quantification After Liability Judgment
Outcome
Claim for psychiatric injury dismissed; dependency and pain and suffering claims allowed.
Legal Topics
Secondary Victim Claims, Psychiatric Injury, Exemplary Damages, Dependency Claims, Pain and Suffering, Aggravated Damages
Tort Personal Injury Fatal Accidents Secondary Victim Claims Psychiatric Injury Exemplary Damages Dependency Claims Pain and Suffering +1 more

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Parties

Sarah Jane Young

Claimant

John Anthony Downey

Defendant

Procedural Posture

Civil / Damages Quantification After Liability Judgment

Legal Issues

  1. 1 Whether the claimant can recover damages for psychiatric injury as a secondary victim
  2. 2 Entitlement to exemplary damages in terrorist attack cases
  3. 3 Assessment of dependency claim under Fatal Accidents Act

Ratio Decidendi

Claimant cannot recover for psychiatric injury as a secondary victim because she did not appreciate her father was involved at the relevant time; exemplary damages not recoverable in this context; dependency and pain and suffering claims allowed and quantified.

Court Disposition

Claim for psychiatric injury dismissed; dependency and pain and suffering claims allowed.

Orders

  • Total damages awarded: £715,207
  • £1,750 for deceased’s pain and suffering prior to death