The boy screamed loud enough and tried to take his foot out the cars wheel by kicking the car with the other foot. . 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. .Cited Mullaney v Chief Constable of West Midlands Police CA 15-May-2001 The claimant police officer was severely injured making an arrest. However, they did not fulfill a number of criteria (Wilberforce test as in previous case). 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. As a result, the law in this area seems to be complex as well as inconsistent. He suffered a mental breakdown in 1986, and had four months off work. Prior to this, the initial response of the common law to claims relating to nervous shock, was to deny responsibility. He further took the view that, the cases where there is insufficient proximity of relationship must be very carefully considered before allowing the claimants for psychiatric injury claims[20]. ]S+
dfEOP 5mr'%G-X5aD)N>M%X/sVXRGt-sVm]^ciARbDwfmB!%xDh \HKPjMQ7h{,jSZ 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 appointment of the former Deputy Chief Constable Lauren Poultney was approved at a . The Plaintiff had a pre-existing chronic fatigue syndrome, which manifested itself from time . YMzBCCCBS$Gtds]1w6F[:s\mPq%`:CGqt`*SzTAER3 baP0/XlX>,eoWf0`X }@| D
However , he was failed to meet the criteria of immediate aftermath of the disaster. 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. The caimant was summoned by the hospital authority in order to see her injured family members. 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. Cited Brice v Brown 1984 The plaintiff, a lady with a hysterical personality disorder since childhood, had a minor taxi accident and then developed a major psychiatric illness bizarre behaviour, suicide attempts, pleading with people to cut her head off in response to a . In 1997, the claimant initiated an action for psychiatric illness against the defendant. 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. QB 335; [1995] 2 WLR 173; [1995] 1 All ER 833 , CA Entick v Carrington (1765) 2 Wils KB 275 Frost v Chief . 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. As a result of experiencing such a dreadful event she subsequently suffered severe nervous shock resulting in the form of psychatric illness. 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 . Unless and until there is clear evidence of having the close relationship or a close tie of love with the person (primary victims) who is injured or within the zone of danger, the court will not allow any claims for psychiatric injury brought by the secondary victims. Once the requirement of proximity of relationship is satisfied, the secondary victims must also establish the facts that he had physical proximity to the accident or its immediate aftermath. It is of paramount importance that the law enforcement The requirement that the secondary victims must be physically present to the accident or its immediate aftermath was for the first time established by Lord Wilberforce in the case of Mcloughlin v O Brian[42] which subsequently had been approved by the House of Lords in the leading case of Alcock v Chief Constable of South Yorkshire[43]. In those cases the court still allowed the claimants to establish a claim and recover damages for psychiatric injury notwithstanding the fact that the secondary victims were not actually present at the scene of the accident. Appeal from - White, Frost and others v Chief Constable of South Yorkshire and others HL 3-Dec-1998. In that case, as long as the claimants can establish that there is a kind of close tie of love with the injured person and because of having such a relationship the claimant is mentally disturbed or shocked when the loved one suffers serious physical peril or injury. Traditionally, the category of close relationship indicates the familial relationship, such as the relationship between the spouses, parents and children, brothers and sisters etc. 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. 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. The plaintiff worried excessively and developed reactive anxiety neurosis, a 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. 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. Frost and Others v Chief Constable of South Yorkshire Police and Others (1996) The Times, 6 November, CA. 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. During this period in society there was a view that people of strong moral character did not succumb to their emotions. He took the view that, since the claimant was watching the scene of the accident from quite a few distances away, so it was not reasonably foreseeable by the defendant that if he backed his taxicab negligently the claimant would suffer 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. 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. That was a very strong windy day when the tragic accident took place. The employer could have checked up on him during his . [55] As per Denning LJ [1953] 1 All ER 617 at page 625. Recovery, on the other hand, for a secondary victim is differentiated and is much more restricted. The claimants eight year old son was very close to the near side door of the car and was playing there. Registered office: Creative Tower, Fujairah, PO Box 4422, UAE. The horrible accident took place when the employees were removing a big thin piece of metal sheeting which was lying on the south-bound carriageway. Criticised Page v Smith HL 12-May-1995 The plaintiff was driving his car when the defendant turned into his path. Close ties of love and affection was assumed in relation to parent- child and spouse relationships. Capacity plays a vital role in determining whether a person can exercise autonomy in making choices in all aspects of life, from simple decisions to far-reaching decisions such as Our academic writing and marking services can help you! It was held by Salmon J. [34] Cases and Commentary on Tort, by Barbara Harvey & John Marston, 5th Edition. Positive/Neutral Judicial Consideration . The House of Lords, although divided in as to their reasoning, delivered a judgment in favour of the plaintiff. Evidence Law - Admissibility of Evidence Essays. The case centred upon the liability of the police for the nervous shock suffered in consequence of the events of the Hillsborough disaster . Programme for stress management. HL dismissed their claims since they were suffering extreme grief, not a psychiatric illness. In this case, the defendant was claimants son who had a car accident while he was negligently driving his car being drunk. While backing his car out of the garage, the defendant ran over the feet of the little boy which caused him injuries. Only recognisable psychiatric illness would qualify for in such claims. Having heard the scream the father (claimant) rushed into the spot and found his son with his foot trapped by the cars wheel. The distinction between primary victim and secondary victim was made in the Alcock v Chief Constable of South Yorkshire Police, where all claimants were secondary victims. Page, was involved in a minor car accident, and was physically unhurt in the collision. He further considered that, such a proximity relationship or close tie of love and affection might exist between the family members or friends. Many of the spectators saw their friends and relatives die in the crush and suffered nervous shock after the incident. .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. [60] As per Ormerod LJ [1964] 1 W.L.R CA 1317 at page 1320. 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. . 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. 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In order to support this argument, the claimant relied on the decision of the case in In re Polemis and Furness, withy & Co. Ltd[47]. Free resources to assist you with your legal studies! .Cited French and others v Chief Constable of Sussex Police CA 28-Mar-2006 The claimants sought damages for psychiatric injury. N>7>@s!z9@-w9Hy^O1? M:fXxKGkYqLfX A Ai>|N_*HbOsu.7B ovRl-#GQcLXH`{70l191X?@j`P02:vKX @9E. The plaintiffs sought damages for nervous shock. 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 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. In modern times, the issue of liability for nervous shock still remains a contentious issue. Both cars suffered considerable damage but the drivers escaped physical injury. Eventually, at about midnight, having gone to the mortuary he managed to identify the bruising dead body of his brother in law. White v Chief Constable of South Yorkshire. IMPORTANT:This site reports and summarizes cases. Finally, after a careful consideration of all the issues, it was held by Cazalet J. In other words psychiatric shock was to be treated as direct personal injury. .Cited Zurich Insurance Plc UK Branch v International Energy Group Ltd SC 20-May-2015 A claim had been made for mesothelioma following exposure to asbestos, but the claim arose in Guernsey. 12 0 obj
The most commonly medically recognised illness of this type is Post Traumatic Stress Disorder (PTSD). The Facts. Mentioned Walker v Northumberland County Council QBD 16-Nov-1994 The plaintiff was a manager within the social services department. 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]. He suffered only psychiatric injury. 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. The second solution is to abolish all the special limiting rules applicable to psychiatric harm. Cazalet J. agreed with the claimant that he meets all the recovery criteria that govern a claim for psychiatric injury sustained by him. Copyright 2003 - 2023 - UKDiss.com is a trading name of Business Bliss Consultants FZE, a company registered in United Arab Emirates. 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. He was told however that the risk was very remote. 1194. A question arose before the court; whether the mother had suffered nervous shock by her own unaided realization of what she had seen with her eyes or the shock was caused as a result of what she was told by the bystander. 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. We're here to answer any questions you have about our services. Held: Psychiatric injury is a recognised form of personal injury, and no statute . Abstract. 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. Cited Best v Samuel Fox and Co Ltd 1952 The court considered liability for injury to secondary victims. However, unlike the Alcock case, it was the case of McCarthy v Chief Constable of South Yorkshire Police[33]where the claimant (secondary victims) was successful in bringing an action for psychiatric illness against the defendants (Chief Constable of South Yorkshire Police). if(typeof ez_ad_units != 'undefined'){ez_ad_units.push([[320,100],'swarb_co_uk-medrectangle-3','ezslot_5',114,'0','0'])};__ez_fad_position('div-gpt-ad-swarb_co_uk-medrectangle-3-0'); Cited by: Cited Keen v Tayside Contracts OHCS 26-Feb-2003 The claimant sought damages for post traumatic stress disorder. .Cited Johnston v NEI International Combustion Ltd; Rothwell v Chemical and Insulating Co Ltd; similar HL 17-Oct-2007 The claimant sought damages for the development of neural plaques, having been exposed to asbestos while working for the defendant. /Filter /LZWDecode
Precedent rules out this course and, in any event, there are cogent policy considerations against such a bold innovation. She suffered serious nervous shock as a result and sued the defendant who was responsible for the accident. [65] Cases and Commentary on Tort, by Barbara Harvey & John Marston, 5th Edition. In Frost v Chief Constable of South Yorkshire Police [1999] 2 AC 455, the House of Lords applied that distinction to police officers (and others) who were not themselves within the zone of physical danger caused by the defendant's negligence, but had to deal with the consequences of catastrophic harm to others in the course of their duties . 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. The claimant further argued that the defendant by causing an accident to the boy negligently had been in breach of his duty and was liable to for all the direct consequences of the breach, no matter if the damage to the claimant was reasonably forseeable or not. In favour of this argument the claimant relied on the decision given by the House of Lords in the case of Hambrook v Stokes Bros[46]. [7] Nervous Shock-when is it compensable? . 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. The 2003 decision of Fletcher v Commissioners for Public Works clearly demonstrates this point. So, according to the decision given by the House of Lords in this case, the court will only allow the secondary victims to establish a claim and recover damages for psychiatric illness if the following three elements are satisfied by the claimants. Alcock and ors v Chief Constable of South Yorkshire Police [1992] 1 A.C. 310 As is well known, the case of Alcock involved claims by those who witnessed the death of their loved ones in the Hillsborough disaster of 1989. The relationship between the claimants and the deceased was described by the court as- Robertson was a person of fifty six years old who had known Smith for ages. The present law in this area seems to be very rigid and restrictive for the secondary victims. .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 . Generally, the burden of proving such a close tie of love and affection lies with the person who wishes to establish a claim for psychiatric illness. 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. C brought an action in negligence (and/or breach of statutory duty) against their employer, the Chief Constable of South Yorkshire Police (D), for . In the present case, despite of being present at the stadium during the football match the claimants whose action had been rejected by the House of Lords are as follows[25]: Brian Harrison was one of the appellants. At the trial, Branson J. took the opinion that, the claimant will not be entitled to establish a claim for nervous shock and recover any kind of damages if she had not suffered the shock through the fear of her own safety. . 1 . Published: 21st Jan 2022. The apparent injustice of this position has been acknowledged . The claimant appealed against the decision of the trial judge to the Court of Appeal. 12 White v Chief Constable of South Yorkshire Police ibid. Free resources to assist you with your legal studies! Held: The definition of the work expected of him did not justify the demand placed upon him. 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. Like the case of Alcock v Chief Constable of South Yorkshire, this case arose from the disaster that occurred at Hillsborough football stadium in Sheffield in the FA cup semi-final match between Liverpool and . He was not a rescuer, and nor had . At the time of the accident, the claimant was at home that was two miles away from the place of the accident. The claimant must show that his / her injury was reasonably foreseeable, although Lord Wilberforce did state that foreseeability does not of itself automatically lead to a duty of care. Initially Lord Bridges viewpoint held but Lord Wilberforce argument gathered credence,as evident in the following case. They took the big metal sheet off the bridge and subsequently put that in a pick up van. Keywords: rescue; compensation for hillsborough rescuers. Alcock v Chief Constable of South Yorkshire Police [1992] 1 AC 310. Consequently, Smith was killed as he fell a few feet on to the girder below the carriageway. 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 . Only Parliament could take such a 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. Lord Morton of Henryton: it has never been the law of England that an invitor, who has negligently but unintentionally injured an invitee, is liable to compensate other persons who . She was admitted to the hospital and when operated a dead foetus was removed. A rescuer or an employee suffering such psychiatric illness is also classified as a secondary victim (unless they are themselves endangered in the event). In a subsequent case, Packenham v Irish Ferries Limited this principle was upheld and damages were not awarded as there was no recognized psychiatric illness. %
We do not provide advice. (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 . 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. 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. 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