Owers v Medway NHS Foundation Trust [2015] EWHC 2363 (QB)

Secondary victim claims: Is the tide turning?

Tom Gibson discusses case law – and settlements – in the complicated area of psychiatric injury claims by secondary victims ‘Tomlinson LJ’s fourth criterion – that a claimant must have suffered a diagnosable psychiatric illness that was caused by a “sudden shocking event” – tends to be the most difficult requirement for claimants to satisfy.’ …

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Liability: A catalogue of errors

In part two of his article, Robert Weir QC continues his compilation of the most significant cases involving liability decisions from the last year ‘The judge properly recognised that the burden of proof lay with the claimant and did not draw inference of negligence from the fact that the extrusion had been retained.’ Part …

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Psychiatric Damage: Problems for claimants

Edward Bishop QC sets out cases that demonstrate the instances in which a secondary victim claim might be successful ‘Claimants advisers must be alert to the need for psychiatric experts to attribute recognised illness to the shock of seeing a horrific event, rather than other factors.’Claims for damages for psychiatric illness suffered by those who …

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