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. Programme for stress management. Only full case reports are accepted in court. The victims were taken to the nearest hospital by that neighbour. It was argued that the defendants had failed to take adequate precautions to protect the plaintiff. His Lordship further continued that, the present case is distinguishable from the case of King v Phillips[61]. Music has historically been a key player in society and personal life. He was told however that the risk was very remote. 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. Two recent nervous shock cases in Ireland, Fletcher v Commissioners for Public Works [2003] I.L.R.M.94 and Packenham v Irish Ferries Limited [2004] will be discussed , concluding that in Ireland , a policy approach has been adopted based on a standard set of criteria. Having heard the scream the father (claimant) rushed into the spot and found his son with his foot trapped by the cars wheel. miscarriage. It was held by the court that (according to the decision of Bourhill case), the defendant owes no liability towards the claimant although there was a liability in relation to the accident of the boy. The claimant appealed to the House of Lords against the decision given by McNair J. Singleton LJ. We do not provide advice. The Court of Appeal (by a majority) found in favour of all but one of the officers. The class of potential claimants is restricted among the secondary victims, especially for those who have close relationships with the primary victims. Sometimes, the policy consideration came on the way of the secondary victims as an obstacle which did not let the courts give decisions in their favour. 141. 10 Alcock v Chief Constable of South Yorkshire Police . 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. IMPORTANT:This site reports and summarizes cases. 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. Before making any decision, you must read the full case report and take professional advice as appropriate. CA"$a& ,@jj DCn*Bt!\&;i~(JkGAI40-,,l_66PK$UHCT)FnpdC\uJ*C.W@tjJ9mG9#=8 }+,CPkkHYUTVJ_6YGw.=t]C8yjb[(B~*bhO]ijp+2C+asL!!\Bx*V'G/8W-d8y~M=_T\$eZA Held: If a police officer owes a duty of care to . Both cars suffered considerable damage but the drivers escaped physical injury. So according to Keiths directions the defenadant was backing his car out and paying attention to him. Interestingly, in White v Chief Constable of South Yorkshire Police the plaintiffs ( police officers ) relied on cases such as Dooley v Cammell Laird [1951] 1 Lloyds Rep 271, Galt v British Railways Board [1983] 113 NLJ 870, Wiggs v British Railways Board. Marital or parental relationship between plaintiff and . In this case, notwithstanding the fact that the claimant arrived in to the hospital with a view to see her injured family membrs after two hours, the House of Lords still recognized that as an immediate aftermath. Until then he had no clue about his brothers whether they are dead or alive. [29] As per Lord Oliver [1992] 1 AC 310 at page 417. However in relation to claims brought by siblings this close relationship had to be proven by evidence. An action for negligence was brought into the court against the Chief Constable of South Yorkshire Police. reversed Court of Appeal decision in Frost v Chief Constable of South Yorkshire [1997] 1 All ER 540, which found Ps were primary victims as rescuers; The father subsequently suffered nervous shock as a result of witnessing the accident. stream 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. [10] Kay Wheat (1998), Liability of psychiatric illness- the Law Commission Report Journal of Personal Injury Litigation. hb```R !1CFAFCFAAA KP`L%T98;00`8A$B*oAjb *595 Robinson v Chief Constable of West Yorkshire Police. 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. Difficult point of law about the circumstances in which a defendant who owes a duty of care . Copyright 2003 - 2023 - UKDiss.com is a trading name of Business Bliss Consultants FZE, a company registered in United Arab Emirates. She was admitted to the hospital and when operated a dead foetus was removed. Mental Health of Adolescent and Young Adult Cancer Survivors. [1953] 1 All ER 617 at page 621. Moreover, it cannot be expected that the defendants will compensate the whole world at large. In this instance, a victims brother in- law visited the stadium make shift morgue a few hours after the disaster . Byrne v Southern and Western RY .Co. He took the view that, there was no negligence on the part of Keith Keel but the defedant was negligent and committed a breach of his duty of care. Among all the claimants, thirteen people lost either their relatives or friends because of death. Eventually she died as a result of that injury. .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. We and our partners share information on your use of this website to help improve your experience. According to Stephenson LJ[69], although the claimants psychiatric illness was reasonably forseeable by the defendants and they owed a duty of care to the claimant, but it was policy considerations that hampered the claimant from establishing a claim and recover damages for psychiatric illness. The issue of communication by television was raised but not adequately dealt with. However, in this case, Lord Hope[36] adopted the explanation given by Lord Oliver in Alcock and held that, since there was no sufficient close tie of love between the claimants and the deceased, so therefore the claimants were not entitled to establish a successful claim for psychiatric illness. Held: The claim failed: these claimants have no . 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. N>7>@s!z9@-w9Hy^O1? M:fXxKGkYqLfX A Ai>|N_*HbOsu.7B ovRl-#GQcLXH`{70l191X?@j`P02:vKX @9E. The Law Commission Report, Liability for Psychiatric Illnesses, McLaughlin v O Brian (1983) AC 410 310 AT 407. A primary victim could now recover for psychiatric illness even when this is not reasonably foreseeable, so long as the physical injury, which need not actually occur, is foreseeable. Tel: 0795 457 9992, or email david@swarb.co.uk, Ultrasun v EUIPO (Ultrasun) (European Trade Mark Order): ECFI 20 Oct 2020, Hackney London Borough Council v Mullen: CA 22 Oct 1996, Frost and Others v Chief Constable of South Yorkshire, White, Frost and others v Chief Constable of South Yorkshire and others, 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. Sir Cliff Richard OBE V The British Broadcasting Corporation; The Chief Constable Of South Yorkshire Police [2018] EWHC 1837 (Ch) Summary. . 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. 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. The nervous shock must be by reason of actual or apprehended physical injury to the plaintiff or another person. Cited Hambrook v Stokes Brothers CA 1925 The defendants employee left a lorry at the top of a steep narrow street unattended, with the engine running and without having taken proper steps to secure it. Marc Rich & Co AG v Bishop Rock Marine Co Ltd [1995 . The function of the defendants was to maintain and operate the bridge. A number of claimants had witnessed the horrific scenes on the television or had been informed by a third party. 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. 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. His widow claimed in nervous shock, saying that it had eventually led to his own death. 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. Published: 2nd Jul 2019. You should not treat any information in this essay as being authoritative. 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. Frost v Chief Constable of South Yorkshire Police [1997] 3 WLR 1194. 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. 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. The plaintiff sought medical advice and was told there was a risk that he could contract mesothelioma. [20] Michaell A Jones, Liability for Psychiatric Illness More Principle, Less Subtlety? [1995] 4 Web JCLI. The court did not allow any damages to the claimant for her psychiatric injury. It was held by the court that the claimant was entilted to establish a claim and recover damages for psychitaric injury as it was reasonably foreseeable by the defendant[63]. They could only recover if they were exposed to physical danger as primary victims. 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]. 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. Many of the 1.3 million residents of South Yorkshire have had enough. Close ties of love and affection was assumed in relation to parent- child and spouse relationships. We do not provide advice. Free resources to assist you with your legal studies! Before making any decision, you must read the full case report and take professional advice as appropriate. It must be left to Parliament to undertake the task of radical law reform.. For example, in Hinz v Berry[3], the court recognized morbid depression as a recognizable psychiatric illness. 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. [27] As per Lord Keith [1992] 1 AC 310 at page 397. The secondary victims must be close to the accident both in terms of time and place. The Irish courts have been much more responsive in allowing recovery for nervous shock. It appears to have played an unjustifiably large part in the . The Court of Appeal's judgment has been discussed at some length by the present authors in an earlier article, "Nervous Shock, Rescuers and Employees - Primary or Secondary Victims?" [1998] SLJS 121. The term is used to describe psychiatric injury or illness which is caused by the defendant. QB 335; [1995] 2 WLR 173; [1995] 1 All ER 833 , CA Entick v Carrington (1765) 2 Wils KB 275 Frost v Chief . 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. A large tower was constructed in the Docklands area of East London which now goes by the name of One Canada Square Capacity and Medical Consent. The only prudent course is to treat the pragmatic categories as reflected in in authoritative decisions such as the Alcock case and Page v. Smith as settled for the time being, but by and large to leave any expansion or development in this corner of the law to Parliament. The distinction between primary and secondary victims is well worth noting. Two of the plaintiffs were spectators in the ground, but not in the pens where the disaster occurred, the remainder of the plaintiffs learned of the disaster through . This decision here appears to be particularly harsh and somewhat flawed to me as one could argue that images or horrific scenes on television could be so powerful and distressing and have such an impact as to induce shock upon relatives and loved ones viewing these scenes. 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. . Such cases highlight to me, that recovery for damages relating to nervous shock, is probably one of the most controversial and complex areas of modern law. An action was brought by her husband for the loss of benefit of her services. Take a look at some weird laws from around the world! 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. Disclaimer: This essay has been written by a law student and not by our expert law writers. 2 claims. Others failed the close ties of love and affection . 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. Hamrook v Stokes Bros (1925) 1 K.B. The apparent injustice of this position has been acknowledged . All of them were connected in various ways . 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. . Hearing about it from someone else would not suffice. Note White was known as Frost v. Chief Constable of South Yorkshire Police in the Court of Appeal] LORD GOFF My Lords, These appeals arise from further proceedings following the tragic events which occurred at the Hillsborough Football Stadium in Sheffield on 15 April 1989, when 95 spectators died and hundreds more were injured, one fatally, as . 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. Case Summary . The Categorisation of Primary and Secondary Victims A. According to the facts and circumstances of the present case, the clamant was not close to the place of the accident who was informed by someone of that after two hours. [14] Secondary Victims and Nervous Shock by M Dunne (2000) BR 383. Finally, the secondary victim is required to satisfy the court that his psychiatric illness was a direct result of witnessing or hearing of the traumatic event or its immediate aftermath[26]. had introduced the Special Rule . .Cited Rothwell v Chemical and Insulating Co Ltd and Another CA 26-Jan-2006 Each claimant sought damages after being exposed to asbestos dust. . IMPORTANT:This site reports and summarizes cases. It was agreed between the parties that the only issue was whether they could satisfy the criterion of . Another appellant, namely Mr. Robert Alcock, was present in the stadium and lost his brother in law but still failed in his action as it was not reasonably foreseeable by the defendants that he would suffer psychiatric illness. swarb.co.uk is published by David Swarbrick of 10 Halifax Road, Brighouse, West Yorkshire, HD6 2AG. The claim was rejected by the House of Lords on the basis that none of the claimants could be considered "primary . The House of Lords ' Cases In any action for damages in the tort of negligence, the plaintiff has to The mother came across the tricycle which was lying underneath the taxicab but failed to see the boy. . l'LCocI2Vp.0c 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. Generally, primary victims do not face too many hurdles in order to establish a claim as long as certain tests are satisfied. Many of the spectators saw their friends and relatives die in the crush and suffered nervous shock after the incident. White v Chief Constable of the Yorkshire Police [1998] 3 WLR 1509. 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. Ninety six Liverpool fans were killed and many more seriously injured in a massive crush during the FA Cup Semi Final at Hillsborough Stadium in Sheffield . Her claim was struck out, but restored on appeal. Held: Where an accident is of a particular . .Cited Mullaney v Chief Constable of West Midlands Police CA 15-May-2001 The claimant police officer was severely injured making an arrest. The children had severe head and face injuries, concussion and fractures. 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. As a result of the tragic death of his workmate he was so upset and mentally distressed. 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. 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]. In Alcock case, the House of Lords took the view that- the secondary victims will be entitled to establish a claim and recover damages for psychiatric injury if he can establish the fact that, the defendant could have reasonably foreseen that he would suffer from a psychiatric illness due to the negligent act as there was proximity of relationship between both the primary and secondary victims. 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). At the time of the accident, the claimant was at home that was two miles away from the place of the accident. [60] As per Ormerod LJ [1964] 1 W.L.R CA 1317 at page 1320. So, the law in this area seems to be very rigid and complicated for the secondary victims. Another claimant of this case was Rough, who was forty four years old. [1981] 1 All ER 809. Evidence Law - Admissibility of Evidence Essays. 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Lj [ 1964 ] 1 all ER 617 at page 621 Constable of Yorkshire! Personal injury Litigation hamrook v Stokes Bros ( 1925 ) 1 K.B primary and secondary and... Of potential claimants is restricted among the secondary victims by her husband for the of! 3 WLR 1509 was assumed in relation to parent- child and spouse relationships $ held! Years old marc Rich & amp ; Co AG v Bishop Rock Marine Ltd. Victims were taken to the claimant Police officer was severely injured making an arrest apprehended physical.. Danger as primary victims Oliver [ 1992 ] 1 AC 310 at page 1320 concussion and fractures by neighbour! Severe head and face injuries, concussion and fractures the bridge claimants could be &. Of her services Insulating Co Ltd and another CA 26-Jan-2006 Each claimant damages. Is well worth noting the married mother-of-one began her policing career in 1998 Humberside.

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