Taylor v Novo [2013] EWCA Civ 194

Facts:

  • C’s mother died suddenly three weeks after being negligently injured at work.
  • C developed PTSD, as a result of witnessing her mother’s death (she was not present at the original accident or its immediate aftermath).
  • In bringing her claim against her mother’s employers, C argued that proximity existed between the accident and her mother’s collapse and death.

 Issue:

  • Could recovery from mental injury as a secondary victim from a delayed event occur?


 Ratio:

  • Claim rejected by CoA.
  • There was one accident which had two consequences. If C was in physical proximity to her mother at the time of the accident and had suffered shock and psychiatric illness as a result of seeing the accident and the injuries sustained by her mother, she would qualify as a secondary victim, however this is not the case here.

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