header-logo header-logo

16 January 2024
Issue: 8055 / Categories: Legal News , Professional negligence , Personal injury
printer mail-detail

Psychiatric injury claims clarified

Doctors are not liable for psychiatric injuries suffered by their patients’ relatives, the Supreme Court has ruled

The justices held by a 6–1 majority, Lord Burrows dissenting, that no duty of care was owed, in three conjoined cases: Paul and another v Royal Wolverhampton NHS Trust; Polmear and another v Royal Cornwall Hospitals NHS Trust; and Purchase v Ahmed [2024] UKSC 1. Each claim concerned allegations of negligently failing to diagnose a life-threatening condition thus later causing the relatives’ psychiatric injuries arising from witnessing the patient’s death or the immediate aftermath.

Jonathan Fuggle, partner at Browne Jacobson, which advised NHS Resolution in Paul and Purchase, said: ‘For many years the law relating to claims for psychiatric harm has developed in a piecemeal way through case law that seemed to conflict.

‘The decision by the Supreme Court provides welcome clarity for lawyers and their clients.’

Delivering the lead judgment, Lord Leggatt and Lady Rose said a duty of care required both reasonable foreseeability of harm and proximity in the relationship. They found insufficient proximity existed.

They highlighted the risk that hospitals treating dying patients might begin to usher relatives out of the room to avoid potential liability. While acknowledging the impact of witnessing a relative’s death, they noted: ‘Such an experience is not an insult to health from which we expect doctors to take care to protect us but a vicissitude of life which is part of the human condition.’

Michael Mather-Lees KC, of Church Court Chambers, said: ‘The Supreme Court had to draw a line as to what is or is not a foreseeable event in the context of clinical negligence, and on potential damages for an unrelated third party.

‘While the court was right to limit the possibility of continued satellite litigation from an initial negligent act, time will tell if this was the correct place to draw the line.’

MOVERS & SHAKERS

Bellevue Law—Lianne Craig

Bellevue Law—Lianne Craig

Workplace law firm expands commercial disputes team with senior consultant hire

EIP—Rob Barker

EIP—Rob Barker

IP firm promotes patent attorney to partner

Muckle LLP—Ryan Butler

Muckle LLP—Ryan Butler

Banking and restructuring team bolstered by insolvency specialist

NEWS
The Supreme Court has delivered a decisive ruling on termination under the JCT Design & Build form. Writing in NLJ this week, Andrew Singer KC and Jonathan Ward, of Kings Chambers, analyse Providence Building Services v Hexagon Housing Association [2026] UKSC 1, which restores the first-instance decision and curbs contractors’ termination rights for repeated late payment
Secondments, disciplinary procedures and appeal chaos all feature in a quartet of recent rulings. Writing in NLJ this week, Ian Smith, barrister and emeritus professor of employment law at UEA, examines how established principles are being tested in modern disputes
The AI revolution is no longer a distant murmur—it’s at the client’s desk. Writing in NLJ this week, Peter Ambrose, CEO of The Partnership and Legalito, warns that the ‘AI chickens’ have ‘come home to roost’, transforming not just legal practice but the lawyer–client relationship itself
A High Court ruling involving the Longleat estate has exposed the fault line between modern family building and historic trust drafting. Writing in NLJ this week, Charlotte Coyle, director and family law expert at Freeths, examines Cator v Thynn [2026] EWHC 209 (Ch), where trustees sought approval to modernise trusts that retain pre-1970 definitions of ‘child’, ‘grandchild’ and ‘issue’
Fresh proposals to criminalise ‘nudification’ apps, prioritise cyberflashing and non-consensual intimate images, and even ban under-16s from social media have reignited debate over whether the Online Safety Act 2023 (OSA 2023) is fit for purpose. Writing in NLJ this week, Alexander Brown, head of technology, media and telecommunications, and Alexandra Webster, managing associate, Simmons & Simmons, caution against reactive law-making that could undermine the Act’s ‘risk-based and outcomes-focused’ design
back-to-top-scroll