In this case, the British High Court ruled that a plaintiff, a bar maid, could recover damages for nervous shock even though no actual impact was involved in the accident. [50] stated that the present case is not a margianl one. The winner - given the power to fire the next chief constable - will inevitably prevail on an anti-corruption ticket. The claimant was a fire officer who attended the tragic accident being informed in the course of his employment. Different kinds of harm The horrific events of 15 April 1989 at the . The outcome of this case is particularly note worthy. 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. Download Citation | Frost (or White) v Chief Constable of South Yorkshire Police [1999] 2 AC 455 | Essential Cases: Tort Law provides a bridge between course textbooks and key case judgments. In the case of Brice v Brown[4], hysterical personality disorder was considered to be a psychiatric injury. The claimant argued that the defendant was under a duty of care to drive his taxicab carefully not to inflict any kind of physical and emotional damage to the people. Disclaimer: This work was produced by one of our expert legal writers, as a learning aid to help law students with their studies. [14] Secondary Victims and Nervous Shock by M Dunne (2000) BR 383. 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. Having heard this, the claimant ran approximately hundred yards from her place in order to see her son who was eventually died. His employers had refused to provide the increased support he requested. The victims were taken to the nearest hospital by that neighbour. However, an action for psychatric injury was brought by the claimant against the defendant and the owners of the garage[57]. More news from across Yorkshire Frost and Others v Chief Constable of South Yorkshire Police and Others (1996) The Times, 6 November, CA. 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. But, the chief constable of South Yorkshire police claimed that they did not owe any duty of care to the claimants. Until then he had no clue about his brothers whether they are dead or alive. The claimants, as secondary victims, had to satisfy the criteria for the imposition of liability formulated by the House of Lords in McLoughlin v O'Brian [1983] 1 AC 410 and Alcock v Chief Constable of South Yorkshire Police [1992] AC 310. It appears to have played an unjustifiably large part in the . foreseeability of psychiatric shock needed to be considered. Lord Bridge in McLoughlin v OBrian required that a plaintiff must not merely suffer grief, distress or any other normal emotion, but a positive psychiatric illness. YMzBCCCBS$Gtds]1w6F[:s\mPq%`:CGqt`*SzTAER3 baP0/XlX>,eoWf0`X }@| D
The court further considered the issue if both the claimants suffered nervous shock as a result of witnessing the accident. Subsequently, breaking news in relation to the disaster was broadcasted over the television as well as radio time to time. 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. So, it was held by the court that the claimant was entitled to recover damages even though she suffered psychiatric illness through the fear of her childrens safety, not through the fear of her own physical injury or safety. The House of Lords, although divided in as to their reasoning, delivered a judgment in favour of the plaintiff. Lists of cited by and citing cases may be incomplete. Registered office: Creative Tower, Fujairah, PO Box 4422, UAE. Copyright 2003 - 2023 - LawTeacher is a trading name of Business Bliss Consultants FZE, a company registered in United Arab Emirates. However, during the journey, a very strong wind thrown the metal sheet and Smith away while he was sitting on top of it. During this period in society there was a view that people of strong moral character did not succumb to their emotions. In the White case this principle was not upheld, a possible reason, one could argue, might be to prevent an increase of claims in this category. In this case, the defendants servant negligently left a motor lorry on a street with the engine running. He argued that, in Bourhills case, the fishwife was not entitled to recover damages for psychiatric illness since she did not see the actual accident at the time it took place but only saw the outcome of it afterwards. The House of Lords (by a majority) in Page v Smith, enhanced the recovery of the primary victim over the secondary victim. In Frost v Chief Constable of South Yorkshire [1999] AC 455 at 507H-508A, Lord Hoffman described Lord Oliver's explanation of these 'unwilling participant' cases as "an ex post facto rationalisation" and as "an elegant, not to say ingenious, explanation, which owes nothing to the. Looking for a flexible role? 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. He successfully adduced evidence that there was a very close and intimate relationship between him and his half brothers[34]. Firm Rankings. The second issue was- whether the defendant owes a duty of care to the claimant not to inflict any kind of physical injury or harm to himself. However, as far as their claim for psychiatric illness was concerned, the court was neither convinced with the surrounding facts and circumstances that there was sufficient close tie of love and affection with the claimants and the primary victim nor was convinced that the psychiatric illness that they had sustained was reasonably foreseeable by the defendant in accordance with the recovery criteria for psychiatric illness established in the leading case of Alcock. It was argued that the defendants had failed to take adequate precautions to protect the plaintiff. Cases in bold have further reading - click to view related articles.. Alcock v Chief Constable of South Yorkshire [1991] UKHL 5; Dooley v Cammell Laird & Co Ltd [1951] 1 Lloyd's Rep 271; Frost v Chief Constable of South Yorkshire [1997] 3 WLR 1194; Galt v British Railways Board (1983) 133 NLJ 870; Gregg v Ashbrae Ltd [2006] NICA 17; Hunter v British Coal Corporation [1998 . Alcock -v- The Chief Constable of South Yorks [1992] 1 AC 310. The claimants (C) were all police officers who had been on duty within Hillsborough Stadium during the eponymous disaster, in which 95 Liverpool FC fans were killed and many others injured. The defendant admitted that they were negligent in relation to the death of her daughter as well as injury to her rest of the family members but simply denied any kind of liabilty for negligently causing psychiatric injury to her. Take a look at some weird laws from around the world! The employer could have checked up on him during his . White v Chief Constable of South Yorkshire. Hall v gwent healthcare nhs trust 2004 qb c hall was. Personal Injury, Police, Damages, Negligence, Updated: 11 November 2021; Ref: scu.158976. White v Chief Constable of the South Yorkshire Police was a 1998 case in English tort law in which police officers who were present in the aftermath of the Hillsborough disaster sued for post traumatic stress disorder. The court considered her to be outside the area of potential danger. .Cited Taylor v A Novo (UK) Ltd CA 18-Mar-2013 The deceased had suffered a head injury at work from the defendants admitted negligence. The appellants who had been present at the stadium during the match but failed in their action because they could not establish the fact that the primary victims were sufficiently close to them. The courts in different cases have recognized different type of psychiatric illnesses. >>
He went on stating that, due to the policy considerations, the arguments against there being a duty of care prevails over the arguments in favour of being there such a duty of care. Due to his death, Rough was also very distressed which resulted in a psychiatric illness. Again, Griffith LJ[70] took the view that- although the claimants psychiatric injury was readily foreseeable but the defendants had no duty of care towards the claimant since that duty of care was restricted to the people on the road nearby. Difficult point of law about the circumstances in which a defendant who owes a duty of care . The UK High Court has found that the British Broadcasting Corporation (BBC) infringed the privacy of renowned musician Sir Cliff Richard (Sir Cliff) by broadcasting a raid by the South Yorkshire Police (the SYP) following an allegation of historical sexual . White v Chief Constable of South Yorkshire [1999] 2 AC 455 All of the claimants were police officers who had been on duty the day of the Hillsborough Stadium Disaster. There is indeed a sense of remoteness in this case. At one stage, the motor lorry started off by itself and went down the incline with a high speed where the claimant left her children playing. This time the ground for appeal was whether the defendants could have reasonably foreseen the psychiatric illness suffered by the claimants or secondary victims. He suffered only psychiatric injury. In this case, Lord Oliver[29] took the view that-Brian Harrison, one of the appellants, lost his two brothers but still failed in his action in spite of his presence in the stadium, because he produced no evidence of close tie of love with his two brothers. The case was known as Frost and Others v Chief Constable of South Yorkshire Police and Others [1997] 1 All ER 540 in the lower courts. Held: Where an accident is of a particular . The boy sustained a very minor injury and the damage to his tricycle was nothing serious. Judgement for the case White v Chief Constable of South Yorkshire. As far as the secondary victims claim for psychiatric illness is concerned, Lord Keith[27] in this case took the opinion that- he must establish a close tie of love and affection with the primary victim. The English law of negligence in relation to nervous shock or psychiatric illness is often considered as unfair and unsatisfactory by the defendants, claimants and even by the judges. That is to say, the secondary victims must establish a close relationship with the primary victims. The case centred upon the liability of the police for the nervous shock suffered in consequence of the events of the Hillsborough disaster . 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'. When faced with these two decisions, one can't help but recall the comment of Lord Steyn in Frost v Chief Constable of South Yorkshire [1992] 2 AC 455 (at 511), who considered that "the search for principle was called off in Alcock". . Held: . The floodgates argument may be a possible reason for this. Interestingly, it was also stated the purpose of the visit was to identify the body and not to aid the injured or rescue victims as in other compensation cases. Firstly, the secondary victims must prove that the relationship between him and the primary victim is so close that it was reasonably foreseeable by the defendants that he could have suffered nervous shock through the fear of the physical injury sustained by the primary victim. The claimant brought an action against the defendant for causing psychiatric injury to him. Eventually she died as a result of that injury. Hopes had been pinned on the decision of the House of Lords in Frost v Chief Constable of South Yorkshire Police [1998] 3 WLR 1509, but by and large Frost is a disap- pointment. However, liability could not be avoided if the accident took place very close to him and was so horrific. The claimant appealed against the decision of the trial judge to the Court of Appeal. 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. Registered office: Creative Tower, Fujairah, PO Box 4422, UAE. A live television broadcast of that match was running from the ground. In modern times, the issue of liability for nervous shock still remains a contentious issue. He then got really worried and started looking for him around but there was no trace of his brother in law. .Cited Paul and Another v The Royal Wolverhampton NHS Trust QBD 4-Jun-2020 Nervous shock liability to third parties The claimants witnessed the death of their father from a heart attack. *You can also browse our support articles here >. 2 claims. Consequently, Smith was killed as he fell a few feet on to the girder below the carriageway. During a major football match in the Hillsborough ground, one part of the football stadium was crashed because the South Yorkshire police allowed an excessively large number of spectators in that part of the stadium which was already full. X
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Z~\ L6M Whereby, in order to bring a successful claim for psychiatric illness, the secondary victims, in accordance with the present law, face too many hurdles or obstacles. 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 courts may have felt it unfair and harsh on the claimants in the Alcock case had the officers been successful in this case . Accordingly, in the case of Robertson and Rough v Forth Road Bridge Joint Board[35], the claimants brought an action against the defendants for a horrible disaster that took place on the Forth Road Bridge. Generally, primary victims do not face too many hurdles in order to establish a claim as long as certain tests are satisfied. Free resources to assist you with your legal studies! The term is used to describe psychiatric injury or illness which is caused by the defendant. Frost v Chief Constable of South Yorkshire Police [1998] QB 254 permitting recovery by injured on- duty police officers. Then she went to see another child and found him unconscious. Packenham v Irish Ferries . 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. [55] As per Denning LJ [1953] 1 All ER 617 at page 625. The plaintiff must show that the defendant owed duty of care not to cause the reasonably foreseeable nervous shock. As far as the claims for psychiatric illness is concerned, it was the case of Hambrook v Stokes Bros[16], where the English courts for the first time recognized a claim for psychiatric illness by the secondary victims. That appears to be the course advocated by Mullany and Handford, Tort Liability for Psychiatric Damage. [26] Davie M (1992) Negligently Inflicted Psychiatric Illness; The Hillsborough Case in the House of Lords 43 Northern Ireland Legal Quarterly 237. .Cited Rothwell v Chemical and Insulating Co Ltd and Another CA 26-Jan-2006 Each claimant sought damages after being exposed to asbestos dust. This essay aims to provide a critical evaluation of the common law duty of care for negligently inflicted nervous shock in the context of the above statement by Lord Steyn. An action was brought by her husband for the loss of benefit of her services. This successful claim, led to a further limitation being developed, namely, that it would not be sufficient to fullfil the proximity requirement to be told of the accident by a third party. The police failed to control crowed at the match. D was under a duty to take reasonable steps to protect his employees from the risk of physical harm, but there was no extension of this duty to protect C from psychiatric harm when they were not exposed to any risk of physical injury. Marc Rich & Co AG v Bishop Rock Marine Co Ltd [1995 . During the course of the disaster, scenes were broadcasted live on the television. Afterwards she went down to the corridor and came across one of her children crying who had fer face cut and discoloured with mud and soil. The defendant admitted that he had been negligent, but said he was not liable for the psychiatric damage as it was unforeseeable and therefore not recoverable as a head of damage .The Page v Smith case is significant in that it enhanced the distinction between primary and secondary victims. It was not disputed that D was negligent or, indeed, that this had caused nervous shock to C. The Court of Appeal had previously found in favour of C and D appealed to the House of Lords. 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