Many of the 1.3 million residents of South Yorkshire have had enough. Up until the early 20th century in England, courts have been reluctant to allow recovery for nervous shock. After ariving to the garage, the claimant was asked by the defendant to repay the garage bills before he get his car released from that garage. But that would be contrary to precedent and, in any event, highly controversial. 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. In this instance police officers were seeking compensation on the basis that they had suffered psychiatric illness as a result of rescuing victims after the crush. So, finally, the House of Lord dismissed the appeal made by the claimant. 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]. 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. 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. Held: If a police officer owes a duty of care to . It was agreed between the parties that the only issue was whether they could satisfy the criterion of . The later case Hambrook v Stoke Bros, highlights a number of other issues relating to duty of care and further developed claims for nervous shock .In this case, damages were awarded even though the person suffering nervous shock did not witness the incident, but was close by, and the shock was suffered as a result of fear, not for her own safety, but that of her child. One of the children had died due to sustaining severe physical injuries almost immediately. Others identified bodies in temporary constructed morgues in the stadium. [17] As per Mr. Bankes, Atkin and Sargant L.JJ [1925] 1 K.B 141 at page 142. Hearing about it from someone else would not suffice. Sixteen separate actions were brought against him by persons none of whom was present in the area where the disaster occurred, although four of them were elsewhere in the ground. However, during the journey, a very strong wind thrown the metal sheet and Smith away while he was sitting on top of it. 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 . 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. [58] that the defendant was in breach of his duty of reasonable care and the claimants were entitled to recover damages. Both cars suffered considerable damage but the drivers escaped physical injury. 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. In Kelly v Hennessy [1995] 3IR.253 CJ Hamilton laid down criteria, which have become the standard test for nervous shock. In this case, the defendant was claimants son who had a car accident while he was negligently driving his car being drunk. In support of the first proposition, the defendants rely on the principles developed in a trilogy of House of Lords decisions commencing with Alcock v Chief Constable of South Yorkshire Police [1992] 1 AC 310, continuing with Page v Smith [1996] AC 155, and culminating in White v Chief Constable of South Yorkshire Police [1999] 2 AC 455 (on . 2 claims. So, in this situation- Singleton LJ. [50] stated that the present case is not a margianl one. 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. Also the plaintiff had to establish that the nervous shock caused by the accident, resulted from her fear for her own safety. Reference this [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. Study with Quizlet and memorize flashcards containing terms like Define primary victim, Define secondary victim, What was the initial definition of psychiatric damage and more. 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. The Supreme Courts decision was to disallow recovery as there was no more than a remote risk of contracting a disease. 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). The courts both in England and Ireland have endeavoured to limit the scope of liability for psychiatric illness, by establishing a set of criteria that a claimant/s must fulfil in order to be entitled to compensation. Consequently, actions brought by the potential claimants or the victims of psychiatric illness have often been unsuccessful for a number of reasons despite of having been suffered genuine recognized psychiatric injury[1]. Both of them used to go out for drink once a week. However, considering the surrounding circumstances of the present case (King v Phillips), McNair J. Having heard the scream the father (claimant) rushed into the spot and found his son with his foot trapped by the cars wheel. The Court of Appeal held that no claim could be brought by a secondary victim for psychiatric injury caused by a separate horrific event removed in time from the original negligence, accident or first horrific event. Difficult point of law about the circumstances in which a defendant who owes a duty of care . %PDF-1.5 % He further considered that, such a proximity relationship or close tie of love and affection might exist between the family members or friends. This was a test case . 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 . The claimant brought an action against the defendant for causing psychiatric injury to him. According to him, the primary victims are the category of victims who mediately or immediately was involved into the accident and the secondary victims are those who passively and unwillingly witnessed the event that involved the injury of others and subsequently sustained psychiatric illness[12]. Positive/Neutral Judicial Consideration . Only full case reports are accepted in court. Mental Health of Adolescent and Young Adult Cancer Survivors. The House of Lords in White v Chief Constable of South Yorkshire Police clarified that rescuers are not a special category of primary victim. 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. 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. 2 Alcock v Chief Constable of South Yorkshire Police [1992] 1 AC 310. However , he was failed to meet the criteria of immediate aftermath of the disaster. Music has historically been a key player in society and personal life. The plaintiff sought medical advice and was told there was a risk that he could contract mesothelioma. Although the boy arrived home eventually but his mother suffered from a nervous shock[45]. Looking for a flexible role? /Length 13 0 R .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. Prior to the Page v Smith case it was assumed that reasonable foreseeability of psychiatric illness was required in all cases of negligently inflicted psychiatric illness and that all such plaintiffs must be persons of normal disposition.. On the basis of the facts of this case, three preliminary questions arose which were as follows: The first issue was, whether the defendant (the primary victim/ son of the claimant) owes any duty of care towards the claimant (secondary victim) for not causing any psychiatric injury by self inflicted physical injuries. 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. However, Mr. Bankes, Atkin and Sargant L.JJ. 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. 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. [25] As per Parker LJ [1991] 3 All ER 88 at 92-94. The defendant argued that, there was no negligence on his part as far as the claimants psychiatric illness was concerned. Download Citation | Frost (or White) v Chief Constable of South Yorkshire Police [1999] 2 AC 455 | Essential Cases: Tort Law provides a bridge between course textbooks and key case judgments. u $VnI=vJ--EmC\A$2Tat9iamg~>k,H7^V TJ=7jdv'6M:c 7c{}N8o}~p7k;? 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. . [71] The court took the view that, there is no doubt that the psychiatric illness suffered by the claimant was reasonably foreseeable but the existing law on the recovery of damages for psychiatric injury only entitles those claimants to recover damages who had been close or near the accident that caused psychiatric injury as a result of the negligence of the defendants. N>7>@s!z9@-w9Hy^O1? M:fXxKGkYqLfX A Ai>|N_*HbOsu.7B ovRl-#GQcLXH`{70l191X?@j`P02:vKX @9E. About after two hours she was informed by a neighbour of the road accident in which her family members were involved. They would allow claims for pure psychiatric damage by mere bystanders: see (1997) 113 LQR 410, 415. So according to Keiths directions the defenadant was backing his car out and paying attention to him. 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 appellants who had been present at the stadium during the match but failed in their action because they could not establish the fact that the primary victims were sufficiently close to them. During this period in society there was a view that people of strong moral character did not succumb to their emotions. . Common Law - Evidence Law - Amissibility of Evidence Essays - Use Our Free Law Essays To Help You With Your Law Course Codification of Directors Duties was Unnecessary. The class of potential claimants is restricted among the secondary victims, especially for those who have close relationships with the primary victims. For example, in Hinz v Berry[3], the court recognized morbid depression as a recognizable psychiatric illness. Mentioned Walker v Northumberland County Council QBD 16-Nov-1994 The plaintiff was a manager within the social services department. 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. It was argued that the defendants had failed to take adequate precautions to protect the plaintiff. Having studied this case, I feel it is significant for a number of reasons. The outcome of the Frost v Chief Constable Of South Yorkshire Police case, in which the House of Lords decided that the plaintiffs ( police officers) who, as a result of assisting the victims of the Hillsborough disaster ,which had been caused by negligence,( for which the Chief Constable was liable) , were not entitled to damages for nervous shock , either because their employment relationship gave rise to duties which were not owed to strangers, nor as rescuers , I feel gives credence to this statement by Lord Steyn . Take a look at some weird laws from around the world! The court allowed the claims of Mr. McCarthy as he satisfied the Alcock criteria for recovery of claims for psychiatric illness. Having heard the scream of the boy, his mother looked out of the window from about seventy to eighty yeard away of the place where the accident took place. White v Chief Constable of the South Yorkshire Police was a 1998 case in English tort law in which police officers who were present in the aftermath of the Hillsborough disaster sued for post traumatic stress disorder. The 2003 decision of Fletcher v Commissioners for Public Works clearly demonstrates this point. Nor is any duty of care owed to a rescuer lacking ordinary courage. Cited Hinz v Berry CA 1970 Then plaintiff saw her husband killed and her children injured by a runaway motor car. 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. 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. endstream endobj startxref He drove her to the hospital where she saw her dead daughter, and her husband and two other children seriously injured, all still covered in oil and mud. He was a road worker instructed to attend by the defendant immediately after a terrible accident. 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. The reason for such unwillingness might be presumed that- the ordinary bystanders must be assumed to have sufficient strength or courage to undergo the calamities of modern life. Her claim was struck out, but restored on appeal. IMPORTANT:This site reports and summarizes cases. 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 was seriously injured. .Considered Campbell v North Lanarkshire Council and Scottish Power Plc SCS 30-Jun-1999 . Copyright 2003 - 2023 - LawTeacher is a trading name of Business Bliss Consultants FZE, a company registered in United Arab Emirates. The children had severe head and face injuries, concussion and fractures. 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. 223 0 obj <>stream They were police officers who had been subject to unsuccessful proceedings following a shooting of a member of the public by their force. Among all the claimants, thirteen people lost either their relatives or friends because of death. The facts of this case are as follows, the plaintiff, Mr. Having heard the boys scream the claimant rushed there and saw the accident which caused psychiatric injury to him. The father subsequently suffered nervous shock as a result of witnessing the accident. [1] Nicolas N (2002), A Remedy for Nervous Shock or Psychiatric Harm- Who Pays?-Volume 9, Number 4. ~M}o"bR[ A\euA. 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. More news from across Yorkshire The case for such a course has been argued by Professor Stapleton. Such a relationship which is full of close tie and affection may be presumed to exist into the familial relationship or close friendship. This case also relates to the Hillsborough disaster. However, the decision in the case of Dooley V Cammen Laird preserved the distinction between primary and secondary victim. A number of claimants had witnessed the horrific scenes on the television or had been informed by a third party. 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. Despite of establishing a close tie of love where the secondary victims fails to satisfy the requirement of proximity in time and place with the accident, the court will not entilte them to recover damages for psychiatric illness. At that time she was three of four months advanced in pregnancy. Held: It was a classic case of nervous shock. hYn86 ,tV!%TvIrD9f%E0jBA%r`$)8 . He had known Smith just as a colleague for few years. Lord Steyn's observation in Frost v Chief Constable of South Yorkshire Police [1999] 2 AC 455, was that while, "the law on the recovery of compensation for pure psychiatric harm is . The second issue was- whether the defendant owes a duty of care to the claimant not to inflict any kind of physical injury or harm to himself. Cited Chadwick v British Railways Board 1967 Mr Chadwick tried to bring relief and comfort to the victims of the Lewisham train disaster in December 1967. 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. Eventually, his doctor prescribed him to take anti-depressant drugs. 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. [70] As per Griffith LJ [1981] 1 All ER 809 at page 829. Personal Injury, Police, Damages, Negligence, Updated: 11 November 2021; Ref: scu.158976. . The lead case on secondary victim claims is Alcock v Chief Constable of South Yorkshire Police [1992] which sets out a 4-stage test known as the control mechanisms. The above judgment in White v The Chief Constable allowed the defendants' appeal against the 1997 Court of Appeal decision in Frost & Ors. Again this development of the proximity of relationship in this case seems quite unfair to some of the claimants who were seeking compensation as they would not have been aware previously of this .The principle of proximity of time and place was also applied in this case, where a claimant failed to recover. Hopes had been pinned on the decision of the House of Lords in Frost v Chief Constable of South Yorkshire Police [1998] 3 WLR 1509, but by and large Frost is a disap- pointment. C brought an action in negligence (and/or breach of statutory duty) against their employer, the Chief Constable of South Yorkshire Police (D), for the psychiatric harm they had suffered as a result of witnessing the tragedy first-hand. 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. Although the plaintiff did not suffer physical injury, the traumatic incident (a driver lost control of his team of horses and drove them into the building where the plaintiff was working behind her husbands bar) led to nervous shock and the premature birth of her child. 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. Cited - Alcock and Others v Chief Constable of South Yorkshire Police HL 28-Nov-1991. In order for the claimant to successfully recover compensation the court needs to consider an amalgam of rules and exceptions as well as different categories of claimants, which . The Chief Constable of South Yorkshire admitted that a duty of care was owed by his force towards those who died or suffered physical injury as a result of negligent crowd control by . It was held by Salmon J. Disclaimer: This work was produced by one of our expert legal writers, as a learning aid to help law students with their studies. 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 The injuries were psychiatric, being suffered when they witnessed a crash from the ground. *You can also browse our support articles here >. hbbd```b`` (dWHI` L`5U e=d} & d"o L@v10?SM 4 But, the chief constable of South Yorkshire police claimed that they did not owe any duty of care to the claimants. Alcock v Chief Constable of South Yorkshire Police [1991] UKHL 5, [1992] 1 AC 310 is a leading English tort law case on liability for nervous shock (psychiatric injury). [58] As per Salmon J. As a result, the law in this area seems to be complex as well as inconsistent. [60] As per Ormerod LJ [1964] 1 W.L.R CA 1317 at page 1320. No issues of. This . Generally, primary victims do not face too many hurdles in order to establish a claim as long as certain tests are satisfied. Hicks v Chief Constable of the South Yorkshire Police [1992] 2 All ER 65. not medically recognised condition: fear, it is a normal emotion; . [31] As per Lord Oliver [1992] 1 AC 310 at page 415-416. 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 defendants admitted their negligence but also argued that the nervous shock suffered by the mother was too remote. That appears to be the course advocated by Mullany and Handford, Tort Liability for Psychiatric Damage. swarb.co.uk is published by David Swarbrick of 10 Halifax Road, Brighouse, West Yorkshire, HD6 2AG. Music background foreseeability of psychiatric shock needed to be considered. (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 . The term is used to describe psychiatric injury or illness which is caused by the defendant. According to him it was a matter of common sense that-the defendant while backing his taxicab have not reasonably foreseen any personal injury to the claimant who witnessed an accident and suffered nervous shock from a house some seventy to eighty yards away up a side street. Runaway motor car owes a duty of reasonable care and the claimants were entitled to recover damages considered. Yorkshire have had enough of care to margianl one: If a Police officer a... And Young Adult Cancer Survivors: 11 November 2021 ; Ref: scu.158976 complex as as. 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