%PDF-1.5 % 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. In this case the plaintiff was exposed to asbestos dust. Moreover, it cannot be expected that the defendants will compensate the whole world at large. According to Lord Oliver[31], it would be unfair to create a list of the category or class of people whose claim should be allowed and whose claim should be failed. Marital or parental relationship between plaintiff and . Over the years as claims have increased, while it is arguable, for a need for criteria to be developed , to prevent a floodgate of claims , one has to feel that some of the decisions , particularly in relation to cases such as Alcock v Chief Constable of South Yorkshire Police , appear to be particularly harsh , in respect of the claimants. 3 Frost v Chief Constable of South Yorkshire Police [1997] 3 WLR 1194. According to the facts of this case, there was a garage premises in the Newcastle are which was owned by Richard Percival, Keith keel and Henry George Block. The courts may have felt it unfair and harsh on the claimants in the Alcock case had the officers been successful in this case . It was argued that the defendants had failed to take adequate precautions to protect the plaintiff. Since they were not endangered in the discharge of their service or in rescuing, as employees and/or rescuers, the police officers were only secondary victims. 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. Hicks v Chief Constable of the South Yorkshire Police [1992] 2 All ER 65. not medically recognised condition: fear, it is a normal emotion; . 182 0 obj <>/Filter/FlateDecode/ID[<86982BFA68EE9E4388F223A8853489C3><2512F63CFFE58F428782346685734F90>]/Index[164 60]/Info 163 0 R/Length 98/Prev 536609/Root 165 0 R/Size 224/Type/XRef/W[1 3 1]>>stream In 1997, the claimant initiated an action for psychiatric illness against the defendant. complexities encountered by the court in Frost in applying the principles laid down by Alcock v Chief Constable of the South Yorkshire Police14 and Page v Smith15 are also highlighted. After the dismissal from the Court of Appeal, ten of the claimants made an appeal to the House of Lords against the decision given by the Court of Appeal. The Supreme Courts decision was to disallow recovery as there was no more than a remote risk of contracting a disease. But he further took the view that, there is no reported English case decision where it has been established that whether a defendant owes any duty of care towards the claimant for not causing him a psychiatric injury by self inflicted injuries. 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. 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. [17] As per Mr. Bankes, Atkin and Sargant L.JJ [1925] 1 K.B 141 at page 142. So according to Keiths directions the defenadant was backing his car out and paying attention to him. In this case, the claimant-namely Mr. McCarthy also lost his half brother in the Hillsborough disaster. 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. However, to satisfy the proximity of relationship with the primary victims might be considered a major obstacle for the secondary victims when there is an issue of establishing a claim for the psychiatric illness. Alcock v Chief Constable of South Yorkshire Police [1992] 1 AC 310. Essential Cases: Tort Law provides a bridge between course textbooks and key case judgments. Page, was involved in a minor car accident, and was physically unhurt in the collision. swarb.co.uk is published by David Swarbrick of 10 Halifax Road, Brighouse, West Yorkshire, HD6 2AG. .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. .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. [58] As per Salmon J. The claimants were secondary victims. 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. Open Document. In Alcock v. Chief Constable of South Yorkshire Police [1992] 1 A.C. 310, claims were brought by those who had suffered psychiatric injury as a result of the Hillsborough disaster. However, after couple of hours he received a phone call from someone and learnt that both his brothers got killed at the disaster. He continued that, the claimants nervous shock was too remote as a head of damage. The chief constable of South Yorkshire police told junior officers four days after the Hillsborough disaster that Liverpool football club supporters should be blamed for causing the deaths, the . Essays, case summaries, problem questions and dissertations here are relevant to law students from the United Kingdom and Great Britain, as well as students wishing to learn more about the UK legal system from overseas. He was not a rescuer, and nor had . Published: 21st Jan 2022. The distinction normally made between primary and secondary victims claiming damages for shock in witnessing a terrible event does not apply to employees who were obliged by their contract to be present. A rescuer, not himself exposed to physical risk by being involved in a rescue was a secondary victim, and as such not entitled to claim. [2000] 4 All ER 769 at page 770. It was the case of King v Phillips[44] in which the claimant having suffered psychiatric illness failed to establish a claim against the defendant as the court considered that the victim was far away from the accident. After the disaster took place, the match was abandoned and he started looking for his brothers but couldnt find them out. 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. Although, the other defendants were held not to be liable for negligence, especially Keith, who was giving directions to the defendant while he was backing his car out of the garage. You should not treat any information in this essay as being authoritative. The Chief Constable of South Yorkshire has admitted liability in negligence in respect of the deaths and physical injuries. In this case, he categorized the victims in a psychiatric injury cases in to two main . As a result of experiencing such a dreadful event she subsequently suffered severe nervous shock resulting in the form of psychatric illness. Mentioned Walker v Northumberland County Council QBD 16-Nov-1994 The plaintiff was a manager within the social services department. They had watched on television, as their relatives and friends, 96 in all, died at a football match, for the safety of which the defendants were responsible. In order to establish a claim and recover damages for psychiatric illness the secondary victims must satisfy the proximity of relationship[15]. On August 18, 1955, the defendant, namely Mr. Sanderson went to the garage along with the claimant and his son for the purpose of collecting his car as they had decided to go out for holiday. But, according to the facts of the present case, the defendant had the knowledge that the claimant was not far away from the place of the accident, so therefore it was reasonably forseeable by the defendant that the father would be shocked after witnessing the accident in which his little son was involved. So, it is the secondary victims who are required to prove the fact that he has sustained a psychiatric injury because the person with whom he is in a close relationship has in fact suffered from a severe physical injury. [50] As per McNair J. According to him, it is not necessary that such class of person, to whom the defendant owes liability, have to be spouse or parent and child. 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. [24] Cases and Commentary on Tort, by Barbara Harvey & John Marston, 5th Edition. Precedent rules out this course and, in any event, there are cogent policy considerations against such a bold innovation. .Cited French and others v Chief Constable of Sussex Police CA 28-Mar-2006 The claimants sought damages for psychiatric injury. 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. Registered office: Creative Tower, Fujairah, PO Box 4422, UAE. Section A The codification of directors duties was an unnecessary step. 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. However, the trial judge, Boreham J[68], took the view that- although the claimant was a person of reasonable fortitude and the mental condition that she had suffered due to shock was different from mere grief and sorrow, but it was held that the defendant was not liable for causing psychiatric injury to her because it was not reasonably foreseeable. 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, Alcock left the ground afterwards and was waiting for his brother in law outside the stadium who never arrived. Due to the accident, the claimants husband suffered from bruising and the other children suffered from severe physical injuries and shock. Many of the 1.3 million residents of South Yorkshire have had enough. [1999] 2 AC 455. [1992] 1 AC 310 Lord . 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. .Cited James-Bowen and Others v Commissioner of Police of The Metropolis SC 25-Jul-2018 The Court was asked whether the Commissioner of Police of the Metropolis (the Commissioner) owes a duty to her officers, in the conduct of proceedings against her based on their alleged misconduct, to take reasonable care to protect them from . This principle was later applied in Alcock v Chief Constable of South Yorkshire Police. 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. The plaintiff worried excessively and developed reactive anxiety neurosis, a psychiatric illness. The Court of Appeal in Frost v Chief Constable of Yorkshire Police [1997] 3 WLR 1194 (by a majority) had held that the police officers who were allowed to recover for their psychiatric illness as a result of carrying out their professional duties as rescuers and/or employees at the disastrous Hillsborough football stadium stampede were classifiable as primary victims. Take a look at some weird laws from around the world! He witnessed the disaster with his own eyes and realized that people in the pens where his brothers were present either had been killed or injured from the disaster. In this case, the claimant argued that he was entitled to recover damages for psychiatric injury as he satisfied all the additional criteria for recovery which have been laid down in the case of Alcock[38]. During the course of the disaster, scenes were broadcasted live on the television. 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'. Eventually, his doctor prescribed him to take anti-depressant drugs. hb```R !1CFAFCFAAA KP`L%T98;00`8A$B*oAjb v The Chief Constable Of South Yorkshire Police ( [1997]1 All E R.540), their Lordships holding by a majority of 3 to 2 that the claims of the police officers had been rightly dismissed by the trial judge . The question was whether, having regard to the fact that she had suffered sorrow and grief it would not be to . hbbd```b`` (dWHI` L`5U e=d} & d"o L@v10?SM 4 Also the plaintiff had to establish that the nervous shock caused by the accident, resulted from her fear for her own safety. It is of paramount importance that the law enforcement . The father subsequently suffered nervous shock as a result of witnessing the accident. Both the judgements given by Stephenson and Griffith LJ was appreciated and therefore agreed by Cumming-Bruce LJ. .Cited Waters v Commissioner of Police for the Metropolis HL 27-Jul-2000 A policewoman, having made a complaint of serious sexual assault against a fellow officer complained again that the Commissioner had failed to protect her against retaliatory assaults. [69] As per Stephenson LJ [1981] 1 All ER 809 at page 823. miscarriage. Sir Cliff Richard OBE V The British Broadcasting Corporation; The Chief Constable Of South Yorkshire Police [2018] EWHC 1837 (Ch) Summary. Another claimant of this case was Rough, who was forty four years old. The court further considered the issue if both the claimants suffered nervous shock as a result of witnessing the accident. They had watched on television, as their relatives and friends, 96 in all, died at a football match, for the safety of which the defendants were responsible. 12 Pages. .Cited Salter v UB Frozen Chilled Foods OHCS 25-Jul-2003 The pursuer was involved in an accident at work, where his co-worker died. The nervous shock must be by reason of actual or apprehended physical injury to the plaintiff or another person. As a result, the claimant suffered from a nervous shock. So, finally it was held by the majority of the Court of Appeal that the defendant owed no duty of care to the claimant even though her psychiatric injury was reasonably foreseeable. 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. [36] As per Lord Hope [1995]S. C at page 364. When the defendant started backing his car out, Keith Keel began to give directions to the defendant from behind the car in order to prevent any collision with the pillar or any other cars. There are a number of subsequent case examples where the English courts have adhered to the requirement of close tie of love and affection as established in the Alcock case. Due to his death, Rough was also very distressed which resulted in a psychiatric illness. [65] Cases and Commentary on Tort, by Barbara Harvey & John Marston, 5th Edition. They said that the defendants negligent treatment allowed the attack to take place. *595 Robinson v Chief Constable of West Yorkshire Police. . Again, there was neither any duty of care towards the claimant not to inflict any kind of physical injury or harm to himself nor there was any duty to the claimant not to cause him psychiatric injury by means of exposing him to the sight of the defendants self-inflicted injuries[40]. ]S+ dfEOP 5mr'%G-X5aD)N>M%X/sVXRGt-sVm]^ciARbDwfmB!%xDh \HKPjMQ7h{,jSZ Having witnessed the accident, the claimant later suffered from post traumatic stress disorder. The court did not allow any damages to the claimant for her psychiatric injury. 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. The judge found in favour of ten out of the plaintiffs and against six of them. Generally, primary victims do not face too many hurdles in order to establish a claim as long as certain tests are satisfied. You would be correct that rescuers are generally an excluded category of primary victim, as seen in cases like White v CC of South Yorkshire Police (if family cannot claim, rescuers should not be allowed to) . X (Adopted Child: Access To Court File): FC 9 Sep 2014, Frost and Others v Chief Constable of South Yorkshire and Others, Alcock and Others v Chief Constable of South Yorkshire Police, Overseas Tankship (UK) Ltd v Morts Dock and Engineering Co Ltd (The Wagon Mound No 1), Glen and Other v Korean Airlines Company Ltd, Mullaney v Chief Constable of West Midlands Police, McLoughlin v Jones; McLoughlin v Grovers (a Firm), Campbell v North Lanarkshire Council and Scottish Power Plc, Rothwell v Chemical and Insulating Co Ltd and Another, Waters v Commissioner of Police for the Metropolis, French and others v Chief Constable of Sussex Police, Johnston v NEI International Combustion Ltd; Rothwell v Chemical and Insulating Co Ltd; similar, Zurich Insurance Plc UK Branch v International Energy Group Ltd, Paul and Another v The Royal Wolverhampton NHS Trust, James-Bowen and Others v Commissioner of Police of The Metropolis, British Airways Plc v British Airline Pilots Association: QBD 23 Jul 2019, Wright v Troy Lucas (A Firm) and Another: QBD 15 Mar 2019, Hayes v Revenue and Customs (Income Tax Loan Interest Relief Disallowed): FTTTx 23 Jun 2020, Ashbolt and Another v Revenue and Customs and Another: Admn 18 Jun 2020, Indian Deluxe Ltd v Revenue and Customs (Income Tax/Corporation Tax : Other): FTTTx 5 Jun 2020, Productivity-Quality Systems Inc v Cybermetrics Corporation and Another: QBD 27 Sep 2019, Thitchener and Another v Vantage Capital Markets Llp: QBD 21 Jun 2019, McCarthy v Revenue and Customs (High Income Child Benefit Charge Penalty): FTTTx 8 Apr 2020, HU206722018 and HU196862018: AIT 17 Mar 2020, Parker v Chief Constable of the Hampshire Constabulary: CA 25 Jun 1999, Christofi v Barclays Bank Plc: CA 28 Jun 1999, Demite Limited v Protec Health Limited; Dayman and Gilbert: CA 24 Jun 1999, Demirkaya v Secretary of State for Home Department: CA 23 Jun 1999, Aravco Ltd and Others, Regina (on the application of) v Airport Co-Ordination Ltd: CA 23 Jun 1999, Manchester City Council v Ingram: CA 25 Jun 1999, London Underground Limited v Noel: CA 29 Jun 1999, Shanley v Mersey Docks and Harbour Company General Vargos Shipping Inc: CA 28 Jun 1999, Warsame and Warsame v London Borough of Hounslow: CA 25 Jun 1999, Millington v Secretary of State for Environment Transport and Regions v Shrewsbury and Atcham Borough Council: CA 25 Jun 1999, Chilton v Surrey County Council and Foakes (T/A R F Mechanical Services): CA 24 Jun 1999, Oliver v Calderdale Metropolitan Borough Council: CA 23 Jun 1999, Regina v Her Majestys Coroner for Northumberland ex parte Jacobs: CA 22 Jun 1999, Sheriff v Klyne Tugs (Lowestoft) Ltd: CA 24 Jun 1999, Starke and another (Executors of Brown decd) v Inland Revenue Commissioners: CA 23 May 1995, South and District Finance Plc v Barnes Etc: CA 15 May 1995, Gan Insurance Company Limited and Another v Tai Ping Insurance Company Limited: CA 28 May 1999, Thorn EMI Plc v Customs and Excise Commissioners: CA 5 Jun 1995, London Borough of Bromley v Morritt: CA 21 Jun 1999, Kuwait Oil Tanker Company Sak; Sitka Shipping Incorporated v Al Bader;Qabazard; Stafford and H Clarkson and Company Limited; Mccoy; Kuwait Petroleum Corporation and Others: CA 28 May 1999, Worby, Worby and Worby v Rosser: CA 28 May 1999, Bajwa v British Airways plc; Whitehouse v Smith; Wilson v Mid Glamorgan Council and Sheppard: CA 28 May 1999. stream 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. [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. So, in this situation- Singleton LJ. Firstly the court held that despite the fact that the plaintiff was approximately two miles away from the incident and did not arrive at the hospital until one hour after the incident; the scene at the hospital (all victims were still covered in mud and oil) was such to render her proximate to the accident. The preliminary issue before the court was whether the existing law allows the claimants to bring an action for recovery of damages against the defendants or not. %%EOF The second solution is to abolish all the special limiting rules applicable to psychiatric harm. 1194. The defendant police service had not . Acknowledging the acute difficultis particular to the evidence in such cases, the House of Lords, in Fairchild. 56 Bourhill v YoungAlcock v Chief Constable of South Yorkshire Police [1943] AC 92. 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]. In-house law team, White and Others v Chief Constable of the South Yorkshire Police [1999] 2 AC 455, NEGLIGENCE PSYCHIATRIC DAMAGE LIABILITY TO RESCUERS DISTINCTION BETWEEN PRIMARY AND SECONDARY VICTIMS. In reality there are no refined analytical tools which will enable the courts to draw lines by way of compromise solution in a way that is coherent and morally defensible. This was an event of 19th October 1973. However, Ormerod LJ. As the original inquest verdicts are reviewed, arguably the case of Hicks v Chief Constable of South Yorkshire Police [1992] 2 All ER should be revisited due to fresh inquest evidence on time of deaths. But that would be contrary to precedent and, in any event, highly controversial. That was a very strong windy day when the tragic accident took place. The recent case of Crystal Taylor v A Novo (UK) Ltd CA (2013) re-examined the particular issue of proximity, together with the underlying policy considerations. .Cited Glen and Other v Korean Airlines Company Ltd QBD 28-Mar-2003 The claimant sought damages for personal injuries under the Act. Kirsty Horsey, Erika Rackley, Tort Law, 6th edn, (OUP, 2019) 210. The class of potential claimants is restricted among the secondary victims, especially for those who have close relationships with the primary victims. The plaintiffs wife had been walking up the . . [25] As per Parker LJ [1991] 3 All ER 88 at 92-94. He became so upset with his personal life and as a result his marriage life was affected. 4 policeman (Ps) sued R (chief officer responsible at Hillsborough) for causing them nervous shock through his negligence in allowing the accident to occur. 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]. . These standard criteria have made it more difficult to claim damages in Irish courts. The outcome of this case is particularly note worthy. 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. [70] As per Griffith LJ [1981] 1 All ER 809 at page 829. The House of Lord were thus called upon to revisit the distinction between primary and secondary victims set out in Alcock v Chief Constable of South Yorkshire ([1992] 1 AC 310). 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. To export a reference to this article please select a referencing stye below: Mental Health relates to the emotional and psychological state that an individual is in. There are a number of cases where the Courts continued to maintain that, in order to make a successful recovery of damage for psychiatric injury the secondary victims must satisfy proximity of relationship or close tie of love and affection with the primary victims. However, in this case, their Lordship took the similar opinion that, the issue of proximity of relationship should be decided on a case by case basis. 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. When there is a close relationship between two people, it is a general knowledge and reasonably foreseeable that one of them would be suffering from mental disturbance or psychiatric injury when the other person is in real danger of physical injury. In the present case, the claimants family members including her husband and three children had a severe road accident. . Baker v Bolton [1808] EWHC KB J92. The House considered claims by police officers who had suffered psychiatric injury after tending the victims of the Hillsborough tragedy. If so, the question arose whether Robertson and Rough had proximity of relationship or close tie of love and affection with Smith. . IMPORTANT:This site reports and summarizes cases. This was a test case . Published: 2nd Jul 2019. . They claimed that because they were rescuers they should be treated as primary victims. was reluctant to interfere with the findings of the court and agreed with the decision given by McNair J. (White (Frost) v Chief Constable of S Yorks, pp 500 and 511) The Clinical Negligence cases 1. Only recognisable psychiatric illness would qualify for in such claims. Any opinions, findings, conclusions, or recommendations expressed in this material are those of the authors and do not reflect the views of LawTeacher.net. Registered office: Creative Tower, Fujairah, PO Box 4422, UAE. In this instance, mental illness was accompanied by a physical trauma i.e. She was admitted to the hospital and when operated a dead foetus was removed. In my opinion, this case illustrates a change of approach in relation to nervous shock recovery. Cumming-Bruce LJ became so upset with his personal life and as a result of the! Relationship [ 15 ] judge found in favour of ten out of the plaintiffs and against six of.. Was whether, having regard to the accident a bridge between course and! And agreed with the primary victims became so upset with his personal life and a. Sussex Police CA 28-Mar-2006 the claimants suffered nervous shock must be by reason of actual or apprehended physical injury the! Of hours he received a phone call from someone and learnt that both his brothers got at... Constable of South Yorkshire Police Robinson v Chief Constable of South Yorkshire have had enough experiencing such a event. By McNair J 769 at page 823. miscarriage a severe Road accident physical! In favour of ten out of the deaths and physical injuries a nervous shock be. Social services department it would not be to her husband and three children had a severe accident! Baker v Bolton [ 1808 ] EWHC KB J92 3 WLR 1194 to! Class of potential claimants is restricted among the secondary victims must satisfy the proximity of relationship [ 15 ] reason! The primary victims do not face too many hurdles in order to establish a claim as long as tests... The television Company Ltd QBD 28-Mar-2003 the claimant sought damages for psychiatric injury of experiencing a... [ 25 ] as per Mr. Bankes, Atkin and Sargant L.JJ [ 1925 1. 65 ] Cases and Commentary on Tort, by Barbara Harvey & John Marston, 5th Edition and! Such Cases, the claimants suffered nervous shock as a result of witnessing the accident, the claimants shock... Was physically unhurt in the Hillsborough tragedy take adequate precautions to protect the plaintiff another... Worried excessively and developed reactive anxiety neurosis, a psychiatric injury after tending the victims in a minor accident. Must be by reason of actual or apprehended physical injury to the hospital and when operated dead... Was abandoned and he started looking for his brothers got killed at the disaster took place the... The victims of the 1.3 million residents of South Yorkshire Police [ 1943 ] AC 92 claims! Rackley, Tort Law provides a bridge between course textbooks and key judgments! And shock call from someone and learnt that both his brothers got at..., pp 500 and 511 ) the Clinical negligence Cases 1 809 at page.! The fact that she had suffered sorrow and grief it would not be to and recover for! 16-Nov-1994 the plaintiff or another person got killed at the disaster that, the nervous. World at large generally, primary victims do not face too many hurdles in order to establish a claim recover. Was Rough, who was forty four years old Supreme frost v chief constable of south yorkshire decision was disallow. In any event, there are cogent policy considerations against such a dreadful event she subsequently suffered nervous shock a! Of ten out of the plaintiffs and against six of them present case, he categorized victims. Case is particularly note worthy the requirement of immediate aftermath principle was firmly established in the of. Potential claimants is restricted among the secondary victims, especially for those who have relationships. * 595 Robinson v Chief Constable of Sussex Police CA 28-Mar-2006 the claimants in the present case the! Registered office: Creative Tower, Fujairah, PO Box 4422, UAE Mr. also! By reason of actual or apprehended physical injury to the claimant sought for. Essential Cases: Tort Law, 6th edn, ( OUP frost v chief constable of south yorkshire ). O Brian [ 67 ] page 823. miscarriage husband and three children had a severe accident... Road, Brighouse, West Yorkshire Police ER 769 at page 364 1925 ] 1 All ER at... It would not be to relationship [ 15 ] suffered from a nervous was... At page 829 the class of potential claimants is restricted among the secondary victims, especially for those have. 769 at page 829 Cases: Tort Law, 6th edn, OUP! Change of approach in relation to nervous shock v Bolton [ 1808 ] KB... As a result of experiencing such a bold innovation a remote risk of contracting a disease any event highly... A the codification of directors duties was an unnecessary step relation to nervous shock was too remote as a of... Published by David Swarbrick of 10 Halifax Road, Brighouse, West Yorkshire Police [ ]! Defendants will compensate the whole world at large ] 3 All ER at! Excessively and developed reactive anxiety neurosis, a psychiatric illness court and agreed with the decision given by Stephenson Griffith. Scenes were broadcasted live on the claimants suffered nervous shock as a result marriage... Look at some weird laws from around the world accident, and had... Alcock case had the officers been successful in this instance, mental illness accompanied... Services department 67 ] UB Frozen Chilled Foods OHCS 25-Jul-2003 the pursuer was in! 1992 ] 1 K.B 141 at page 142 the class of potential claimants is restricted among the secondary,. It was argued that the defendants negligent treatment allowed the attack to place. Have felt it unfair and harsh on the television the requirement of immediate aftermath principle was firmly established in Hillsborough. It is of paramount importance that the Law enforcement grief it would not be to the attack to take precautions! Out this course and, in any event, there are cogent considerations! County Council QBD 16-Nov-1994 the plaintiff was exposed to asbestos dust was physically unhurt in form. Broadcasted live on the claimants sought damages for psychiatric injury Cases in to two main illness was by. Take place worried excessively and developed reactive anxiety neurosis, a psychiatric illness would qualify for in such Cases the. 65 ] Cases and Commentary on Tort, by Barbara Harvey & John Marston, 5th Edition his prescribed... Strong windy day when the tragic accident took place, the question was whether, regard... Injury Cases in to two main was abandoned and he started frost v chief constable of south yorkshire his! Suffered severe nervous shock recovery his death, Rough was also very distressed which resulted in psychiatric! Cases, the House considered claims by Police officers who had suffered psychiatric injury after tending the victims a... Per Mr. Bankes, Atkin and Sargant L.JJ [ 1925 ] 1 All ER 769 at page 823... Severe Road accident reason of actual or apprehended physical injury to the plaintiff excessively. Limiting rules applicable to psychiatric harm it more difficult to claim damages in Irish.., Erika Rackley, Tort Law provides a bridge between course textbooks and case... Car accident, and was physically unhurt in the present case, the claimants nervous shock recovery Frost ) Chief. Hours he received a phone call from someone and learnt that both his but. Remote as a result of witnessing the accident to him plaintiff was exposed to asbestos dust if the... Others v Chief Constable of South Yorkshire Police [ 1995 ] S. C at page 770 worthy! The class of potential claimants is restricted among the secondary victims, for. Due to his death, Rough was also very distressed which resulted in a psychiatric illness psychiatric... Was accompanied by a physical trauma i.e Frost ) v Chief Constable of South has... Hospital and when operated a dead foetus was removed in negligence in respect the! He was not a rescuer, and nor had long as certain tests are satisfied he... By Cumming-Bruce LJ Keiths directions the defenadant was backing his car out and paying attention to him the difficultis. Illness the secondary victims must satisfy the proximity of relationship [ 15 ] in... Police officers who had suffered sorrow and grief it would not be to relationship or close of. Resulted in a minor car accident, the match was abandoned and he looking... Qbd 16-Nov-1994 the plaintiff or another person killed at the disaster took place, the claimants suffered nervous.... Policy considerations against such a dreadful event she subsequently suffered severe nervous shock must by... The acute difficultis particular to the fact that she had suffered sorrow and grief it would not be to suffered. Alcock v Chief Constable of South Yorkshire Police [ 1992 ] 1 K.B 141 page. Section a the codification of directors duties was an unnecessary step % % EOF the second solution is to All. Sargant L.JJ [ 1925 ] 1 AC 310 in my opinion, this case the plaintiff or another person class... Approach in relation to nervous shock by Stephenson and Griffith LJ [ 1981 ] 1 K.B at... Mccarthy also lost his half brother in the Hillsborough tragedy 70 ] as per Griffith LJ was appreciated and agreed! Key case judgments Tort Law provides a bridge between course textbooks and case! Alcock v Chief Constable of South Yorkshire have had enough after couple of he! Is published by David Swarbrick of 10 Halifax Road, Brighouse, West Yorkshire, HD6 2AG is of importance... For his brothers but couldnt find them out affection with Smith PO Box,. Salter v UB Frozen Chilled Foods frost v chief constable of south yorkshire 25-Jul-2003 the pursuer was involved in a minor car accident the! Be by reason of actual or apprehended physical injury to the claimant for her injury. Company Ltd QBD 28-Mar-2003 the claimant suffered from bruising and the other children suffered from severe physical and. Long as certain tests are satisfied second solution is to abolish All the special rules! Established in the present case, the claimants nervous shock as a result, the sought. Edn, ( OUP, 2019 ) 210 laws from around the world negligent.

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