Psychiatric injury, secondary victims, exemplary damages

Young v Downey [2020] EWHC 3457 (QB)

There has been a large amount of litigation concerning the duty of care owed to secondary victims when one of their loved ones has suffered death or injury as a victim of crime. The High Court has confirmed that if a secondary victim wishes to claim damages for psychiatric injury caused by witnessing an incident, or its immediate aftermath, in which a loved one had been killed, injured or imperilled, it is necessary for them to demonstrate an understanding or appreciation that their loved one was or might have been involved in the incident and was or might have been killed, injured or imperilled.