frost v chief constable of south yorkshire

12 Pages. The most commonly medically recognised illness of this type is Post Traumatic Stress Disorder (PTSD). 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. endstream endobj startxref It appears to have played an unjustifiably large part in the . miscarriage. White v Chief Constable of South Yorkshire. . Alcock -v- The Chief Constable of South Yorks [1992] 1 AC 310. That appears to be the course advocated by Mullany and Handford, Tort Liability for Psychiatric Damage. White v Chief Constable of South Yorkshire [1998] 3 WLR 1509 House of Lords. Before discussing the above cases, it is essential to give a brief outline of the term nervous shock and its history. This took place while Robertson was driving the van on a carriageway which was high above the water. 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. >> 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. Mental Health of Adolescent and Young Adult Cancer Survivors. 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. II. . Although, according to the guidelines of television broadcasting, none of the television channels highlighted any scenes that relate to the dying or suffering of the spectators in that disaster[24]. 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 [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. According to him, the existing law of negligence in relation to psychiatric illness generally recognizes a claim brought by the people who are in a close relationship with the primary victims, but reluctant to allow any claims by the bystanders. 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. 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. He claimed damages from the respondent for contributory negligence of other officers in failing to come to his assistance. It was the case of Alcock v Chief Constable of South Yorkshire, [11] where Lord Oliver for the first time drew the attention to the distinction between the primary and secondary victims. . hbbd```b`` (dWHI` L`5U e=d} & d"o L@v10?SM 4 Eventually, at about midnight, having gone to the mortuary he managed to identify the bruising dead body of his brother in law. Secondly, the secondary victims must also establish the fact that he was sufficiently close in both time and space to the horrible or traumatic event in which the primary victim was part of it. This case document summarizes the facts and decision in Frost (or White) v Chief Constable of South Yorkshire Police [1999] 2 AC 455. They said that the defendants negligent treatment allowed the attack to take place. Bourhill v Young[49] was a case of Edinborough fishwife who suffered nervous shock as a result of the negligence of the defendant motorcyclist who brought about a collision and made the claimant so upset that she had a miscarriage. He suffered only psychiatric injury. Moreover, it cannot be expected that the defendants will compensate the whole world at large. The case centred upon the liability of the police for the nervous shock suffered in consequence of the events of the Hillsborough disaster . 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. 5th Oct 2021 [25] As per Parker LJ [1991] 3 All ER 88 at 92-94. Tel: 0795 457 9992, or email david@swarb.co.uk. We and our partners share information on your use of this website to help improve your experience. Do you have a 2:1 degree or higher? The second solution is to abolish all the special limiting rules applicable to psychiatric harm. The injuries were psychiatric, being suffered when they witnessed a crash from the ground. In this case, the court was concerned whether the claimants fall into the category of secondary victims and therefore entitled to bring an action against the defendants. The case for such a course has been argued by Professor Stapleton. Hicks v Chief Constable of the South Yorkshire Police [1992] 2 All ER 65. not medically recognised condition: fear, it is a normal emotion; . . Take a look at some weird laws from around the world! 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. Sir Cliff Richard OBE V The British Broadcasting Corporation; The Chief Constable Of South Yorkshire Police [2018] EWHC 1837 (Ch) Summary. It was the case of Alcock v Chief Constable of South Yorkshire,[11]where Lord Oliver for the first time drew the attention to the distinction between the primary and secondary victims. Free resources to assist you with your legal studies! He then decided to leave Gotham for a while after having a parent's association, and later the police, on his case (which resulted in Gordon becoming alcoholic and cheating on his wife) and had to shift his focus on the countryside, spending most of his time in scouts camps, wearing a scout chief uniform over his Batsuit, to cover his identity as the Batman. Kirsty Horsey, Erika Rackley, Tort Law, 6th edn, (OUP, 2019) 210. 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]. Only Parliament could take such a step. Potential claims of misfeasance in public office and libel might also be considered. 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. An action was brought by her husband for the loss of benefit of her services. stream 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. Although the boy arrived home eventually but his mother suffered from a nervous shock[45]. 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 . 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. 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]. 1194. 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. The . They used to walk to and from their workplace quite frequently. In that case, the defendant did not reasonably foresee that the claimant would suffer from psychiatric injury as she was too far away from the actual place of the accident. CJ Keane criticized the logic of distinguishing between psychiatric illnesses resulting from a traumatic event as opposed to suffering grief in its aftermath. Many of the 1.3 million residents of South Yorkshire have had enough. Comparison of the Effect of Classical and Heavy Metal Music on Productivity and Mental Health. The House of Lords in White v Chief Constable of South Yorkshire Police clarified that rescuers are not a special category of primary victim. Cited Best v Samuel Fox and Co Ltd 1952 The court considered liability for injury to secondary victims. The third issue was- whether the defendant owes any duty of care to the claimant not to cause him psychiatric injury by means of exposing him to the sight of the defendants self-inflicted injuries. . Page -v- Smith [1995] 2 All ER 736 at 759, 761 per Lord Lloyd. endstream endobj 165 0 obj <> endobj 166 0 obj <>/MediaBox[0 0 594.72 841.68]/Parent 162 0 R/Resources<>/Font<>/ProcSet[/PDF/Text/ImageB/ImageC/ImageI]>>/Rotate 0/Tabs/S/Type/Page>> endobj 167 0 obj <>stream He was not a rescuer, and nor had . [71] As per Cumming Bruce LJ. They claimed that because they were rescuers they should be treated as primary victims. Lord Steyn and Lord Hoffmann, Lord Browne-Wilkinson Gazette 13-Jan-1999, [1999] 1 All ER 1, [1999] 2 AC 455, [1998] UKHL 45, [1999] ICR 216, [1998] 3 WLR 1509, [1999] IRLR 110, (1999) 45 BMLR 1 House of Lords, Bailii England and Wales Citing: Appeal from Frost and Others v Chief Constable of South Yorkshire and Others CA 31-Oct-1996 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. In this chapter, I argue that Alcock was an essentially conservative decision, rather than the reactionary one which it is often assumed to have been . However, Ormerod LJ. [17] As per Mr. Bankes, Atkin and Sargant L.JJ [1925] 1 K.B 141 at page 142. He became so upset with his personal life and as a result his marriage life was affected. *You can also browse our support articles here >. We're here to answer any questions you have about our services. Primary victims are victims who are imperilled or reasonably believe themselves to be imperilled by the defendants negligence.Lord Steyn said: the law on the recovery of compensation for pure psychiatric harm is a patchwork quilt of distinctions which are difficult to justify. They brought an action against their employer for negligently causing psychiatric illness to them. Looking for a flexible role? 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 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. It seems apparent from the Alcock case judgments that the court will only emphasize on close tie of love and affection before allowing any secondary victims to establish a claim and recover damages for psychiatric illness. 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) . 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. Generally, primary victims do not face too many hurdles in order to establish a claim as long as certain tests are satisfied. The secondary victims are required by the existing law to satisfy or establish additional criteria before they can bring a claim for psychiatric injury against the negligent defendant which has been discussed elaborately in the later chapters. We do not provide advice. Copyright 2003 - 2023 - LawTeacher is a trading name of Business Bliss Consultants FZE, a company registered in United Arab Emirates. 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. Mentioned Walker v Northumberland County Council QBD 16-Nov-1994 The plaintiff was a manager within the social services department. . During this period in society there was a view that people of strong moral character did not succumb to their emotions. At the time of the accident, the claimant was at home that was two miles away from the place of the accident. Although, Rough was driving another van but he came across the accident. However, an action was brought by the mother for psychiatric injury against the defendant. (White (Frost) v Chief Constable of S Yorks, pp 500 and 511) The Clinical Negligence cases 1. The facts of this case are as follows, the plaintiff, Mr. 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. 12 0 obj [27] As per Lord Keith [1992] 1 AC 310 at page 397. We do not provide advice. Page -v- Smith [1995] 2 All ER 736 at 759, 761 per Lord Lloyd. However, Mr. Bankes, Atkin and Sargant L.JJ. As a result of experiencing such a dreadful event she subsequently suffered severe nervous shock resulting in the form of psychatric illness. The document also included supporting commentary from author Craig Purshouse. [1992] 1 AC 310 Lord . 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 . The plaintiffs sought damages for nervous shock. The mother came across the tricycle which was lying underneath the taxicab but failed to see the boy. Decent Essays. In the case of Alcock v Chief Constable of South Yorkshire,[6] Lord Ackner defined the term nervous shock or psychiatric illness as Sudden appreciation by sight or sound of a horrifying event, which violently agitates the mind. On the other hand, Lord Keith defined psychiatric illness as Sudden assault on the nervous system. The above judgment in White v The Chief Constable allowed the defendants' appeal against the 1997 Court of Appeal decision in Frost & Ors. 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. [1999] 2 AC 455. [60]did not agree with the arguments put by the defendant but he agreed with the decision given by Salmon J. On the otherhand, the defendant admitted that he was negligent in relation to the accident of the boy but he denied any kind of liability or duty of care towards the claimant as far as her psychiatric injury was concerned. [69] As per Stephenson LJ [1981] 1 All ER 809 at page 823. The plaintiff sought medical advice and was told there was a risk that he could contract mesothelioma. It was held by Salmon J. Genearlly, the defendants are not liable to the claimants for causing psychiatric injury by means of self inflicted physical injuries. The secondary victims must be close to the accident both in terms of time and place. 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]. Regretted Page v Smith HL 12-May-1995 The plaintiff was driving his car when the defendant turned into his path. Due to his death, Rough was also very distressed which resulted in a psychiatric illness. Different kinds of harm The horrific events of 15 April 1989 at the . Alcock v Chief Constable of South Yorkshire Police [1992] 1 AC 310. Introduction 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. It is of paramount importance that the law enforcement Judgement for the case White v Chief Constable of South Yorkshire. Appeal from - White, Frost and others v Chief Constable of South Yorkshire and others HL 3-Dec-1998. 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. 4 policeman (Ps) sued R (chief officer responsible at Hillsborough) for causing them nervous shock through his negligence in allowing the accident to occur. The plaintiff must show that the defendant owed duty of care not to cause the reasonably foreseeable nervous shock. 164 0 obj <> endobj 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. The House of Lords ' Cases In any action for damages in the tort of negligence, the plaintiff has to They were police officers who had been subject to unsuccessful proceedings following a shooting of a member of the public by their force. .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. In Kelly v Hennessy [1995] 3IR.253 CJ Hamilton laid down criteria, which have become the standard test for nervous shock. 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. The issue of communication by television was raised but not adequately dealt with. 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