Palmer v Tees Health Authority

[1999] Lloyd's Rep Med 351

COURT OF APPEAL

Lord Justice STUART-SMITH, Lord Justice PILL, and Lord Justice THORPE

Negligence — Duty of care — Abduction, sexual assault, murder and mutilation of child by psychiatric patient — Alleged failure to diagnose risk of committing such offences — Failure to adequately treat and/or prevent release into community whilst at risk of committing such offences — Appeal against strike out pursuant to RSC Order 18, rule 19 — No cause of action — Whether duty of care owed to primary and secondary victim — Proximity — Whether damages for nervous shock recoverable by secondary victim