Novois binding authority for the proposition that no claim can be brought in respect of psychiatric injury caused by a separate horrific event removed in time from the original negligence, accident or a first horrific event. …If I were starting with a clean sheet, I can quite see why secondary victims in these cases ought to be seen to be sufficiently proximate to the defendants to be allowed to recover damages for their psychiatric injury.’ Paul & Ors v The Royal Wolverhampton Hospitals NHS Trust & Ors[2022] EWCA Civ 12, 12 Analyse the court’s approach to determining whether aclaimant is asecondary victim in respect of psychiatric injury. Should this area of the law be reformed to make it easier for a claimant to be recognised as a secondary victim? Draw on case lawand academic articles to support your arguments. Sources can include (but not limited to only these) if they are relevant: •Chapter 5: Horsey & Rackley •McLoughlin v O’Brian [1983] (Lord Wilberforce’s judgment only) •RE (A Minor) v Calderdale & Huddersfield NHS Foundation Trust [2017] •Law Society Gazette: 17 March 2014 –‘Why the Law on Psychiatric Harm must change’ R Rothwell •Law Commission Report: ‘Liability for Psychiatric Illness’ –Part IX: Summary of Recommendations •Lindsay J, Psychiatric Injury Claims and Pregnancy: RE (A art Minor) v Calderdale & Huddersfield NHS Foundation Trust [2017] EWHC 824, [2018]
