Case News (Taylor -v- A.Novo ( UK) Ltd EWCA Civ 194)

31 July 2013

Taylor -v- A.Novo ( UK)  Ltd EWCA Civ 194.  The claimants mother (Mrs Cindy Taylor) was injured in an accident at work. Her employers A.Novo had accepted liability. Twenty One days after the accident, Mrs Taylor collapsed at home and died from complications related to the accident. Her sudden death was witnessed by her daughter Crystal, who suffered a significant post- traumatic stress disorder. The Court of Appeal decided that although there was a relationship between mother and daughter which gave rise to a duty of care, there had to be a physical closeness to the accident event. As Crystal had not witnessed her mother's accident, that " proximity " had not been proven.

Previous case law had brought strict public policy controls on who represents a secondary victims, and any extension was a matter for Parliament.