20/01/2020
On 14 January 2020 Stewart J granted the Claimants permission to appeal against the decision of Master Cook dated 4 November 2019 striking out their secondary victim claims. The claims arose from them witnessing of the heart attack and death of their father some 14 months after the negligence occurred that the Claimants allege led to his death. Master Cook struck out the claims as unarguable because he concluded that there was binding authority that the shocking event must be proximate in time to the breach of duty.
Laura Johnson is instructed on behalf of the Appellants by Shoosmiths LLP.
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