D h.d.CFPxe @0RI4 #Pm'Qc^FF" -P!P)Hljc6f.X{81,qxn;G#1t._!c 6jlw(9OAEiQ*Jr.JEW; v}qsF{-HE qx#>#erJ5$afH" :s8C1@( di4)bH'=8 pKzx2DjkZhh"lc+*`>p@>*& "$x However, after couple of hours he received a phone call from someone and learnt that both his brothers got killed at the disaster. Marc Rich & Co AG v Bishop Rock Marine Co Ltd [1995 . Acting for the Chief Constable of the South Yorkshire Police on the Hillsborough litigation in relation to the Inquests, Alcock (family PTSD claims) and Frost/White (police PTSD claims); Court of Appeal win in Webster v Ellison Circlips on automatic strike out. Before making any decision, you must read the full case report and take professional advice as appropriate. To export a reference to this article please select a referencing stye below: UK law covers the laws and legislation of England, Wales, Northern Ireland and Scotland. Frost and Others v Chief Constable of South Yorkshire Police and Others (1996) The Times, 6 November, CA. Firstly shock had to occur as a result of what the plaintiff witnessed from his / her unaided senses .This required that the plaintiffs be close to the event. As a result of the tragic death of his workmate he was so upset and mentally distressed. Many of the claimants witnessed horrific images and scenes of carnage on the television . Baker v Bolton [1808] EWHC KB J92. Eventually she died as a result of that injury. It was held by Salmon J. See para 1.5 n 14 below. Appeal from - White, Frost and others v Chief Constable of South Yorkshire and others HL 3-Dec-1998. Before making any decision, you must read the full case report and take professional advice as appropriate. Cited Hinz v Berry CA 1970 Then plaintiff saw her husband killed and her children injured by a runaway motor car. In relation to employer/employee relationship and duty of care the courts did not uphold the principles of the above cases. [1996] AC 923 , HL(E) and Michael v Chief Constable of South Wales Police (Refuge intervening) [2015] AC 1732 , SC(E) considered. In the case of Frost v Chief Constable of South Yorkshire Police [1999] Lord Steyn stated that the area of Tort Law relating to psychiatric trauma is rather complex. Any opinions, findings, conclusions, or recommendations expressed in this dissertation are those of the authors and do not necessarily reflect the views of UKDiss.com. Times 06-Nov-1996, [1996] EWHC CA 173if(typeof ez_ad_units != 'undefined'){ez_ad_units.push([[320,100],'swarb_co_uk-medrectangle-3','ezslot_6',114,'0','0'])};__ez_fad_position('div-gpt-ad-swarb_co_uk-medrectangle-3-0'); Bailiiif(typeof ez_ad_units != 'undefined'){ez_ad_units.push([[250,250],'swarb_co_uk-medrectangle-4','ezslot_5',113,'0','0'])};__ez_fad_position('div-gpt-ad-swarb_co_uk-medrectangle-4-0'); Appeal from Frost and Others v Chief Constable of South Yorkshire QBD 3-Jul-1995 Trained rescuers have to be assumed to have a higher distress threshold because of their training and experience, and if a claim for psychiatric injury is to be made out, they must show some exceptional and particular situation to justify the claim. We're here to answer any questions you have about our services. %PDF-1.5 % but the court dismissed their claims for damages, claiming that they did fulfill the criteria of rescuers. The teenager, who is now fighting for his life, was struck by a blue Mini Cooper at the junction of Leeds Road and Muffit Lane in Heckmondwike. Ibid, at 576. . The very moment Smith was being thrown off the van by the wind, Robertson did not in fact see what happened as he was driving. Music has historically been a key player in society and personal life. [58] that the defendant was in breach of his duty of reasonable care and the claimants were entitled to recover damages. Abstract. The case centred upon the liability of the police for the nervous shock suffered in consequence of the events of the Hillsborough disaster . The facts of this case are, on the 19th October 1973, a friend came to the claimants house to tell her of a serious accident involving her husband and three children, two hours after it had occurred. Hicks v Chief Constable of the South Yorkshire Police [1992] 2 All ER 65. not medically recognised condition: fear, it is a normal emotion; . Firstly, it fell to be determined whether an employer owed a duty of care to protect their employees from psychiatric injuries they may incur in the course of their employment. This chapter considers the landmark decision in Alcock v Chief Constable of South Yorkshire Police [1992] 1 AC 310 concerning liability for psychiatric injury, or 'nervous shock'. Only full case reports are accepted in court. Criticised Page v Smith HL 12-May-1995 The plaintiff was driving his car when the defendant turned into his path. In the case of Frost v Chief Constable of South Yorkshire Police [5], . The House considered claims by police officers who had suffered psychiatric injury after tending the victims of the Hillsborough tragedy. . The Plaintiff had a pre-existing chronic fatigue syndrome, which manifested itself from time . In this case, he categorized the victims in a psychiatric injury cases in to two main . Having witnessed the tragic death of Smith, both his workmates-Robertson and Rough suffered nervous shock. Keywords: rescue; compensation for hillsborough rescuers. But the fact of the present case must be considered in accordance with the decision of Bourhill v Young[54] where the House of Lords provided the test-if the defendant have reasonably foreseen any damage to the claimant then he owes a duty of care and liable for negligently causing personal damage. This time the ground for appeal was whether the defendants could have reasonably foreseen the psychiatric illness suffered by the claimants or secondary victims. The Second Defendant relies on the view of the majority of the House of Lords in White v Chief Constable of South Yorkshire [1999] 2 AC 455 (also known as Frost v Chief Constable of South Yorkshire) that, for a rescuer to be regarded as a primary victim, it must be shown that they were exposed to the risk of physical injury or reasonably . Moreover, it cannot be expected that the defendants will compensate the whole world at large. Principle of Frost v Chief Constable of South Yorkshire Police (1998) police officers who were present in the aftermath of the Hillsborough disaster sued for post traumatic stress disorder. They could only recover if they were exposed to physical danger as primary victims. 3 Frost v Chief Constable of South Yorkshire Police [1997] 3 WLR 1194. [39] As per Cazalet LJ. Two of the plaintiffs were spectators in the ground, but not in the pens where the disaster occurred, the remainder of the plaintiffs learned of the disaster through . So, however, in the light of the above case decisions it has been obvious that the secondary victim must establish proximity of relationship or close tie of love and affection in order to establish a claim for psychiatric illness. The claimant appealed to the House of Lords against the decision given by McNair J. Singleton LJ. The House considered claims by police officers who had suffered psychiatric injury after tending the victims of the Hillsborough tragedy. A possible suggestion for not allowing compensation in this instance may be directly related to a fear of a floodgate of claims if some claimants were successful. Prior to the Page v Smith case it was assumed that reasonable foreseeability of psychiatric illness was required in all cases of negligently inflicted psychiatric illness and that all such plaintiffs must be persons of normal disposition.. The unsuccessful claimants made a cross appeal to the Court of Appeal against the judges decision whereby the defendants also appealed against the ten successful claimants. By Christopher Gardner, QC, Lamb Chambers. She had been making a good recovery but then collapsed and died at home from pulmonary emboli, and thrombosis which were a consequence of the injury. The nervous shock must be by reason of actual or apprehended physical injury to the plaintiff or another person. As a result of experiencing such a dreadful event she subsequently suffered severe nervous shock resulting in the form of psychatric illness. So, therefore, a secondary victim is someone who suffers from psychiatric illness through the fear of other persons safety or injury. A primary victim could now recover for psychiatric illness even when this is not reasonably foreseeable, so long as the physical injury, which need not actually occur, is foreseeable. In Alcock v Chief Constable Of South shire Police [1992] 1 AC 310, 407, Lord Oliver introduced a broader classification of the primary victims as including those involved, either mediately or immediately or , as a participant in the event causing them psychiatric illness. The requirement of immediate aftermath principle was firmly established in the case of Mcloughlin v O Brian[67]. The Plaintiff had a pre-existing chronic fatigue syndrome, which manifested itself from time . X CsGPL)8eDD(!#V+x 6g9%RlTJ%R "XL9$Q)pTFb%irDs!(;wx*9y_yr:!,y|(*ch1Y.qT%f#R4xSn"4;I.lMO.d==Z:B|dU6t()M.|^~,fmO'8\W?O@OVC\%rESn,IPx$|`S|}KBn|oX]vhaa\]ncWi=tMGcvg7v~M&ClWAb]n~_uuzAU60\T!lnV_ '0HPT l#H:+pQ )cmlu-'46:ut(:&:h 1=i?|\A dY;dzCP(@QD}XMSV/bVS:|x(v@7|, ,mFFL [g59gNqTeB@)V&l33%f@)6a87<>Vb3{,>gkWBPz|}y.H%g -m(-1HN]>0Ns6t Z~\ L6M 0 After the disaster took place, the match was abandoned and he started looking for his brothers but couldnt find them out. The question was whether, having regard to the fact that she had suffered sorrow and grief it would not be to . The married mother-of-one began her policing career in 1998 with Humberside Police and joined South Yorkshire Police in 2017 as Assistant Chief Constable. Cited - Alcock and Others v Chief Constable of South Yorkshire Police HL 28-Nov-1991. .if(typeof ez_ad_units != 'undefined'){ez_ad_units.push([[250,250],'swarb_co_uk-medrectangle-4','ezslot_4',113,'0','0'])};__ez_fad_position('div-gpt-ad-swarb_co_uk-medrectangle-4-0'); Lists of cited by and citing cases may be incomplete. Looking for a flexible role? Registered office: Creative Tower, Fujairah, PO Box 4422, UAE. Although the policy of the court seems to pose a substantial barrier or obstacle to the success of claims of this sort, but the court has justified this policy by showing an intention to restrict wide range of potential claimants who can bring successful action. The House of Lords in White v Chief Constable of South Yorkshire Police clarified that rescuers are not a special category of primary victim. II. Held: The general rules restricting the recovery of damages for pure psychiatric harm applied to the plaintiffs claims as employees. YMzBCCCBS$Gtds]1w6F[:s\mPq%`:CGqt`*SzTAER3 baP0/XlX>,eoWf0`X }@| D Another appellant, namely Robert Alcock, was present on the ground during the football match and witnessed the whole disaster from the west stand of the stadium. He took the view that, there was no negligence on the part of Keith Keel but the defedant was negligent and committed a breach of his duty of care. The House of Lords however, held that for the purposes of distinction between primary and secondary victims, that rescuers were not in a special position in the law. [23] Davie M (1992) Negligently Inflicted Psychiatric Illness: The Hillsborough Case in the House of Lords 43 Northern Ireland Legal Quarterly 237. Such a duty of care must be aplied to everyone in the vicinity particularly to a mother who had the fear for psysical safety to her children. The claimants were secondary victims. So the defendant submitted that, since the claimant was not present at the place where the accident took place, his action against the defendant should not be allowed by the court. The test of reasonable foreseeability was applied and issues of space, time and relationship were considerations in determining the degree of foreseeability of psychiatric illness. In support of the first proposition, the defendants rely on the principles developed in a trilogy of House of Lords decisions commencing with Alcock v Chief Constable of South Yorkshire Police [1992] 1 AC 310, continuing with Page v Smith [1996] AC 155, and culminating in White v Chief Constable of South Yorkshire Police [1999] 2 AC 455 (on . Any information contained in this case summary does not constitute legal advice and should be treated as educational content only. In Page v Smith this distinction was further developed. The courts in a number of cases have attempted to define the psychiatric illness. In the Irish context, a different policy approach has been adopted and it appears to be more difficult to recover damages in relation to nervous shock , the strict criteria which have been laid down clearly demonstrate this viewpoint. had introduced the Special Rule . I conclude by wholeheartedly agreeing with Lord Steyns statement that The Law on the recovery of compensation for pure psychiatric harm is a patchwork quilt of distinctions which are difficult to justify and I feel, the cases discussed in this essay clearly support my viewpoint. To satisfy physical proximity to the accident or its immediate aftermath might be considered as another major obstacle for the secondary victims where there is an issue of establishing a claim for the psychiatric illness. [15] Kay Wheat (2003) Proximity and Nervous Shock Common Law World Review 32 4 (313). Open Document. However, in this case, Lord Hope[36] adopted the explanation given by Lord Oliver in Alcock and held that, since there was no sufficient close tie of love between the claimants and the deceased, so therefore the claimants were not entitled to establish a successful claim for psychiatric illness. However, the defendants appeal was allowed by the Court of Appeal and on the other hand it did not allow the unsuccessful claimants appeal. The House of Lords ' Cases In any action for damages in the tort of negligence, the plaintiff has to During the course of the disaster, scenes were broadcasted live on the television. miscarriage. Held: The claim failed: these claimants have no . Held: Where an accident is of a particular . [24] Cases and Commentary on Tort, by Barbara Harvey & John Marston, 5th Edition. foreseeability of psychiatric shock needed to be considered. [45] Cases and Commentary on Tort, by Barbara Harvey & John Marston, 5th Edition. Cited Mount Isa Mines Ltd v Pusey 1970 The court considered how progress is made in developing the law of liability for damages for psychiatric injury, saying The field is one in which the common law is still in course of development. After a long examination of the case law by several of their Lordships, the three control He was a road worker instructed to attend by the defendant immediately after a terrible accident. Cited Chadwick v British Railways Board 1967 Mr Chadwick tried to bring relief and comfort to the victims of the Lewisham train disaster in December 1967. Take a look at some weird laws from around the world! She suffered serious nervous shock as a result and sued the defendant who was responsible for the accident. If the claimant was a rescuer who went to the aid of others involved in an accident, they will only be defined as a primary victim if they were, or reasonably believed themselves to be, in danger. [1981] 1 All ER 809. The distinction between primary and secondary victims is well worth noting. The claim was rejected by the House of Lords on the basis that none of the claimants could be considered "primary . . A person will be considered as secondary victim if he was present at the scene of the horrifying event and subsequently sustained a psychiatric injury due to witnessing the accident or event in which other person was involved, although he himself was out of the range of foreseeable physical injury[10]. The caimant was summoned by the hospital authority in order to see her injured family members. Others failed the close ties of love and affection . Nervous shock is a term used in English law to denote psychiatric illness or injury inflicted upon a person by intentional or negligent actions or omissions of another. In this instance police officers were seeking compensation on the basis that they had suffered psychiatric illness as a result of rescuing victims after the crush. Take a look at some weird laws from around the world! Such a relationship which is full of close tie and affection may be presumed to exist into the familial relationship or close friendship. Two recent nervous shock cases in Ireland, Fletcher v Commissioners for Public Works [2003] I.L.R.M.94 and Packenham v Irish Ferries Limited [2004] will be discussed , concluding that in Ireland , a policy approach has been adopted based on a standard set of criteria. The plaintiffs were not primary victims as they we were not within the range of foreseeable physical injury and their psychiatric harm was a result of . Generally, nervous shock is a term which has been used by lawyers. Cazalet J. agreed with the claimant that he meets all the recovery criteria that govern a claim for psychiatric injury sustained by him. He suffered only psychiatric injury. The House of Lords reversed the Court of Appeal decision in Frost v Chief Constable of South Yorkshire [1997] 1 All ER 540, which had found that the plaintiffs were primary victims, as rescuers. The outcome of this case is particularly note worthy. In 1997, the claimant initiated an action for psychiatric illness against the defendant. Although, there was a rebuttable presumption that, in some cases, the close tie of love may exist between the engaged couples which might be even stronger than that of the married couples. C brought an action in negligence (and/or breach of statutory duty) against their employer, the Chief Constable of South Yorkshire Police (D), for the psychiatric harm they had suffered as a result of witnessing the tragedy first-hand. [58] As per Salmon J. He suffered a mental breakdown in 1986, and had four months off work. He was not a rescuer, and nor had . *You can also browse our support articles here >. His brother in law and his nephew also had been present in the football ground who was watching the live match from the terrace. QB 335; [1995] 2 WLR 173; [1995] 1 All ER 833 , CA Entick v Carrington (1765) 2 Wils KB 275 Frost v Chief . *You can also browse our support articles here >. According to Stephenson LJ[69], although the claimants psychiatric illness was reasonably forseeable by the defendants and they owed a duty of care to the claimant, but it was policy considerations that hampered the claimant from establishing a claim and recover damages for psychiatric illness. denitions given by Lord Oliver in Alcock v Chief Constable of the South Yorkshire Police[1992] are sufcient for present purposes: a primary victim is someone 'who is involved either mediately or immediately as a participant in an accident' a secondary victim is someone who is 'no more than a passive and unwilling witness of an Among all the claimants, thirteen people lost either their relatives or friends because of death. . For a secondary victim to be successful in their claim, they must prove the following: It must be reasonably foreseeable that a person of "normal fortitude" might suffer . He then got really worried and started looking for him around but there was no trace of his brother in law. [41] Kay Wheat (2003) Proximity and Nervous Shock Common Law World Review 32 4 (313). Having heard the scream the father (claimant) rushed into the spot and found his son with his foot trapped by the cars wheel. It does not merely include the very accident that caused the death or injury to the primary victims but it also includes the immidiate aftermath of the accident[66]. There was no doubt that each claimant had a nervous shock from the horrible disaster which caused psychiatric illness to them, but the question arose whether they were entitled to establish a claim and recover damages for psychiatric illness. There are a number of subsequent cases which might be contrasted with the decision given in the case of King v Philips. Also the plaintiff had to establish that the nervous shock caused by the accident, resulted from her fear for her own safety. However, the decision in the case of Dooley V Cammen Laird preserved the distinction between primary and secondary victim. [36] As per Lord Hope [1995]S. C at page 364. (back to preceding text) I am compelled to say that I am unable to accept this suggestion because in my opinion (1) the proposal is contrary to well-established authority; (2) the proposed control mechanism would erect an artificial barrier against recovery . In Alcock v Chief Constable of South Yorkshire (1992) 1 AC 310 the ordinary rules of negligence were applied to allegedly negligent crowd control by the police. Many of the claimants failed in the requirement of proximity of place. According to him, the primary victims are the category of victims who mediately or immediately was involved into the accident and the secondary victims are those who passively and unwillingly witnessed the event that involved the injury of others and subsequently sustained psychiatric illness[12]. [40] Cases and Commentary on Tort, by Barbara Harvey & John Marston, 5th Edition: Publication date 2004. The court differentiated damage by fire from other types of physical damage to property for the purposes of liability in tort, saying We have come back to the plain . Decent Essays. The secondary victims must be close to the accident both in terms of time and place. The first is to wipe out recovery in tort for pure psychiatric injury. [17] took the view that, the mother suffered nervous shock by her own unaided realization of what she had seen with her own eyes, not because of what she learnt from a bystander. The 2003 decision of Fletcher v Commissioners for Public Works clearly demonstrates this point. % But, it has been seen from some of the above case decisions that, even after satisfying the requirement of proximity of relationship, the court still did not allow the secondary victims claim for psychiatric injury. Genearlly, the defendants are not liable to the claimants for causing psychiatric injury by means of self inflicted physical injuries. The Chief Constable of South Yorkshire has admitted liability in negligence in respect of the deaths and physical injuries. During the match, he was on the west stand of the football stadium who knew that both of his brothers would be witnessing the match from the pens behind the goal. (now Lord Justice Waller) and the majority in the Court of Appeal erred in reversing him: Frost v. Chief Constable of South Yorkshire Police [1997] 3 W.L.R. The new chief constable of South Yorkshire Police has shared her "incredible pride" at leading the force. [26] Davie M (1992) Negligently Inflicted Psychiatric Illness; The Hillsborough Case in the House of Lords 43 Northern Ireland Legal Quarterly 237. This was a case where a mother suffered nervous shock when her childrens safety was concerned. The Facts. . 56 Bourhill v YoungAlcock v Chief Constable of South Yorkshire Police [1943] AC 92. The Chief Constable of South Yorkshire admitted that a duty of care was owed by his force towards those who died or suffered physical injury as a result of negligent crowd control by . . Lord Wilberforce argued that it was necessary to develop further criteria including strict proximity in time, a close relationship, direct means of communication (personal witness). In England, the Dulieu v White and Sons [1901]2 KB 66 9 case was a landmark case in terms of the recovery of claims for psychiatric illnesses. Considered claims by Police officers who had suffered psychiatric injury cases in to two.... Edition: Publication date 2004 claimants failed in the case centred upon the liability of the tragic death of,... Where a mother suffered nervous shock suffered in consequence of the tragic death of Smith, his! 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