Time to start De Novo: the Paul, Purchase and Polmear litigation and the temporal gap problem in secondary victim claims for psychiatric injury

The English law on recovery for psychiatric injuries suffered by those who witness harm to others (‘secondary victims’) is an area replete with illogical distinctions and unsubstantiated policy concerns, marked by an outmoded understanding of trauma-induced mental illness. Calls for a legislative response have been made for nearly forty years, yet none has been forthcoming. The Paul, Purchase and Polmear appeals have brought these flaws to light once more. We argue for a fundamental re-thinking of the law’s current approach.