Paul (claimant/respondent) v The Royal Wolverhampton NHS Trust (defendant/appellant)

Tuesday 14th – Wednesday 15th December 2021 Before The Master of the Rolls Lord Justice Underhill, Vice President of the Court of Appeal, Civil Division Lady Justice Nicola Davies Paul (claimant/respondent) v The Royal Wolverhampton NHS Trust (defendant/appellant) Polmear & anr (claimant/respondent) v Royal Cornwall Hospital NHS Trust (defendant/appellant) Purchase (claimant/appellant) v Ahmed (defendant/respondent) Paul – The Defendant appeals the order made by Chamberlain J dated 4 June 2020 allowing the first appeal by the Second and Third Claimants, setting aside paragraphs 1- 3 of the order of Master Cook dated 4 November 2019 which struck out their claims. The first appeal raises the point of law about the circumstances in which a defendant who owes a duty of care to a primary victim may be liable to a secondary victim (the Second and Third Claimants) for a psychiatric injury suffered as a result of witnesssing the death of the primary victim (their father). Polmear – Transfer up pursuant to CPR 52.23, accepted by Nicola Davies LJ’s. Appeal to be joined with the appeals of Paul and Purchase. The Defendant (D) appeals, with permission from Master Cook, his order dated 5 February 2021 whereby he 1) dismissed D’s application dated 5 March 2020 to strike out the Claimants claim and for summary judgment 2) made a consequential cost order 3) granted D permission to appeal 4) ordered the transfer up of the appeal D applied to strike out the First and Second Claimants’ claims as secondary victims for damages for psychiatric injury alleged to have been suffered as a result of witnessing the events surrounding the collapse and death of their child on 1 July 2015. D admitted that the child’s condition [which caused her death] Pulmonary Veno-Occlusive Disease, should have been diagnosed by mid January 2015. Purchase – Transfer up pursuant to CPR 52.23, accepted by Nicola Davies LJ, who directed the appeal be joined with the appeals in Paul and Polmear. The Claimant (C) appeals, with permission from DJ Lumb, his order dated 6 May 2020 , sitting in Birmingham County Court whereby he struck out the claim and made a consequential costs order. Secondary victim psychiatric injury claim arising out of alleged clinical negligence following the sudden death of the Claimant’s 20 year old daughter at their home on 7 April 2012 and the Claimant’s subsequent psychiatric illness. The Claimant and her daughter had attended the Defendant GP at an out of hours clinic on 4 April 2012 as her daughter was unwell. She was not referred for further investigation. The Defendant applied to strike the claim out or alternatively for summary judgment, on the basis that as a result of the 54 hour delay between the alleged breach of duty and death, the claim could not satisfy the “proximity control mechanisms” for secondary victim claims.