Paul v The Royal Wolverhampton NHS Trust (Rev 1)

Paul v The Royal Wolverhampton NHS Trust (Rev 1)

The secondary victim claims are bound to fail because Mr Paul's death, occurring 14 ½ months after the alleged negligence and separated in space and time from the breach, does not constitute a relevant event for proximity under established control mechanisms; High Court and Court of Appeal authority confirm this...

Source-derived case information.

Parties
Claimant: Mrs Balbir Kaur Paul; Claimant: Saffron Olivia Kaur Paul; Claimant: Mya Paul; Defendant: The Royal Wolverhampton NHS Trust
Jurisdiction
England and Wales
Judgment Date
04 November 2019
Procedural Posture
Strike Out Application / Ruling on Application
Outcome
application granted; secondary victim claims struck out
Legal Topics
Secondary Victim Claims, Psychiatric Injury, Proximity, Clinical Negligence, Strike Out Procedure
Tort Law Medical Negligence Secondary Victim Claims Psychiatric Injury Proximity Clinical Negligence Strike Out Procedure

Source-derived case record

Summary, issues, holding and outcome

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Parties

Mrs Balbir Kaur Paul

Claimant

Saffron Olivia Kaur Paul

Claimant

Mya Paul

Claimant

The Royal Wolverhampton NHS Trust

Defendant

Procedural Posture

Strike Out Application / Ruling on Application

Legal Issues

  1. 1 Whether the secondary victim claims of the Second and Third Claimants disclose reasonable grounds for bringing the claims or have real prospects of success
  2. 2 Whether the death of Mr Paul constitutes a relevant event for proximity in secondary victim claims

Ratio Decidendi

The secondary victim claims are bound to fail because Mr Paul's death, occurring 14 ½ months after the alleged negligence and separated in space and time from the breach, does not constitute a relevant event for proximity under established control mechanisms; High Court and Court of Appeal authority confirm this position.

Court Disposition

application granted; secondary victim claims struck out

Orders

  • The secondary victim claims of the Second and Third Claimants are struck out.
  • The Claimants retain their loss of dependency claims under the Fatal Accidents Act 1976.