D’s application to strike out the claims by C1 and C2 as secondary victims for damages alleged to have been suffered as a result of witnessing the sudden and horrifying events surrounding the collapse and death of their daughter Esmee on 1 July 2015. [1]
Esmee… collapsed and died on 1 July 2015. The cause of death was Pulmonary Veno-Occlusive Disease. It had not been diagnosed prior to her death. [12]
The particulars of claim assert that as a result of witnessing the collapse, unsuccessful attempts to resuscitate and death of Esmee, each C has suffered psychiatric injury. [20]
D admitted that Esmee’s condition should have diagnosed by mid-January 2015 [21]
I decline to strike out the claim as I am unable say it is bound to fail, D’s application must therefore be dismissed [47]
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