This article is published as part of Capsticks’ Insurance Review 2023.

Paul & Paul v Royal Wolverhampton NHS Trust (2021)

The appeal in Paul & Paul v Royal Wolverhampton NHS Trust (2021) was heard in May 2023 .The Supreme Court was asked to consider the proximity test in psychiatric damage/ secondary victims’ claims. The Court of Appeal had determined that a 14 month gap between the negligent treatment of the late Mr Paul and the ‘horrifying event’ (his collapse with a fatal heart attack), was not sufficiently proximate for the claimants to recover damages. Further information on the case can be found in our Medical Malpractice and Casualty Forward View 2023. 

CCC v Sheffield Teaching Hospitals NHS Foundation Trust (2023)

In CCC v Sheffield Teaching Hospitals NHS Foundation Trust (2023), the claimant obtained substantial damages for a catastrophic brain injury sustained at birth, due to the defendant’s admitted negligence. A ‘lost years’ claim was made (for potential income post her calculated life expectancy), but it was accepted at trial that the court was bound by the 1981 decision in Croke v Wiseman.

In Croke, the Court of Appeal refused to make a ‘lost years’ award for a seven year old claimant with a life expectancy to age 40 on the basis that to do so wold be speculative.

Following judgment in CCC the claimant successfully applied for permission to leapfrog the case to the Supreme Court to challenge this decision. If the appeal succeeds, a wholesale review of reserves will be needed for all claims where life expectancy has been shortened.

Mathieu v Hinds (2022)

In our 2023 Forward View we reported on the upcoming appeal in Mathieu v Hinds (2022) which related to various damages issues including whether dementia risk following head injury should trigger a provisional damages awards in the same way as epilepsy risk. We understand that the appeal was withdrawn.

Insurance Review 2023

This article is part of Capsticks' Insurance Review 2023.

Read the other articles featured in this publication below:

• Spotlight on three appeal court decisions
• Appeal decisions pending
• Fundamental Dishonesty – ‘good days and bad days’ defence rejected
• Two important changes to the fixed recoverable costs regime
• Defendants’ ability to recover their costs from claimants extended
• Pre inquest admissions fatal to defendant’s case
• Personal Injury Discount Rate (PIDR) review update

Get in touch

Aiming to be the firm of choice for medical malpractice and general liability insurers, we advise and support on all aspect of claims and inquests.

To discuss how any of these issues may affect your organisation, please get in touch with Majid Hassan, Ed Mellor or Sarah Bryant or Cheryl Blundell.