Taylor v A Novo (UK) Ltd

Taylor v A Novo (UK) Ltd

Ms Taylor cannot recover damages as a secondary victim for psychiatric illness resulting from witnessing her mother's death three weeks after the accident, as the relevant event for proximity is the original accident, not its later consequence. Extending liability to cover such circumstances would go beyond established control mechanisms and is not supported by authority.

Parties
Respondent/claimant: Crystal Taylor; Appellant/defendant: A. Novo (UK) Limited
Jurisdiction
England and Wales
Judgment Date
18 March 2013
Procedural Posture
Appeal / Court of Appeal Judgment
Outcome
Appeal allowed; claim dismissed.
Legal Topics
Psychiatric Injury, Secondary Victim, Duty of Care, Proximity, Control Mechanisms
Tort Law Negligence Psychiatric Injury Secondary Victim Duty of Care Proximity Control Mechanisms

Case Brief

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Downloadable case file Legal principles 3 Authorities cited 11 Party arguments 2
Sign in to unlock

Parties

Crystal Taylor

Respondent/claimant

A. Novo (UK) Limited

Appellant/defendant

Procedural Posture

Appeal / Court of Appeal Judgment

Legal Issues

  1. 1 Whether Ms Taylor qualifies as a secondary victim entitled to damages for psychiatric injury resulting from witnessing her mother's death, which was a consequence of the employer's negligence.

Ratio Decidendi

Ms Taylor cannot recover damages as a secondary victim for psychiatric illness resulting from witnessing her mother's death three weeks after the accident, as the relevant event for proximity is the original accident, not its later consequence. Extending liability to cover such circumstances would go beyond established control mechanisms and is not supported by authority.

Court Disposition

Appeal allowed; claim dismissed.

Orders

  • The appeal is allowed.
  • Ms Taylor's claim as a secondary victim is dismissed.