frost v chief constable of south yorkshirefrost v chief constable of south yorkshire

[15] Kay Wheat (2003) Proximity and Nervous Shock Common Law World Review 32 4 (313). For example, in Hinz v Berry[3], the court recognized morbid depression as a recognizable psychiatric illness. 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]. [65] Cases and Commentary on Tort, by Barbara Harvey & John Marston, 5th Edition. Copyright 2003 - 2023 - LawTeacher is a trading name of Business Bliss Consultants FZE, a company registered in United Arab Emirates. The case Alcock v Chief Constable of Yorkshire Police relates to claims brought by Alcock and several other claimants after the Hillsborough disaster in 1989. 164 0 obj <> endobj 12 Pages. 34 [1996] 1 AC 155. 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. 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 The plaintiffs in the case were police officers who suffered psychiatric injury after witnessing the Hillsborough stadium disaster. Most importantly, the development of the law in this area has been influenced by policy considerations, that is to say, to restrict the large number of potential claimants. This principle was later applied in Alcock v Chief Constable of South Yorkshire Police. 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. It was agreed between the parties that the only issue was whether they could satisfy the criterion of . Many of the claimants witnessed horrific images and scenes of carnage on the television . Programme for stress management. 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. ~M}o"bR[ A\euA. Info: 3380 words (14 pages) Essay Generally, primary victims do not face too many hurdles in order to establish a claim as long as certain tests are satisfied. The defendant company had a policy for achieving responsible gambling, . In that case it was not reasonably freseeable by the defendant that the claimant was going to suffer from psychiatric illness after witnessing the accident. There are many examples where it has been seen that a person after sustaining a genuine shock could not recover damages for psychiatric illness only because of being failure to establish the fact that there was sufficient close relationship with the primary victims. [31] As per Lord Oliver [1992] 1 AC 310 at page 415-416. ( as what happened in this particular case ) . It is an important matter of discussion what is actually meant by psychiatric illness or if there is any specific definition of psychiatric illness under the English law of tort. /Filter /LZWDecode However, subsequently Lord Lloyd in the case of Page v Smith[13]further emphasized upon the distinction between the primary and secondary victims. [55] As per Denning LJ [1953] 1 All ER 617 at page 625. . She suffered nervous shock that affected her pregnancy and caused her injury. 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. 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 . He further considered that, such a proximity relationship or close tie of love and affection might exist between the family members or friends. A person will be considered as secondary victim if he was present at the scene of the horrifying event and subsequently sustained a psychiatric injury due to witnessing the accident or event in which other person was involved, although he himself was out of the range of foreseeable physical injury[10]. However, considering the surrounding circumstances of the present case (King v Phillips), McNair J. 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. 5th Oct 2021 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 . At trial she was awarded damages for nervous shock. N>7>@s!z9@-w9Hy^O1? M:fXxKGkYqLfX A Ai>|N_*HbOsu.7B ovRl-#GQcLXH`{70l191X?@j`P02:vKX @9E. The Greatorex v Greatorex and another[37]is another case in which the question arose whether a defendant owes any duty of care towards the claimant for not causing him a psychiatric injury by self inflicted injuries. Generally, nervous shock is a term which has been used by lawyers. However, these two categories of secondary victims are exceptionally allowed to recover at common law even without a close tie of love and affection between them and the immediate victims, as required of other secondary victims. They said that the defendants negligent treatment allowed the attack to take place. 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 . 56 Bourhill v YoungAlcock v Chief Constable of South Yorkshire Police [1943] AC 92. 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. 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. 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. Essential Cases: Tort Law provides a bridge between course textbooks and key case judgments. Held: Where an accident is of a particular . In Kelly v Hennessy [1995] 3IR.253 CJ Hamilton laid down criteria, which have become the standard test for nervous shock. This took place while Robertson was driving the van on a carriageway which was high above the water. 4 policeman (Ps) sued R (chief officer responsible at Hillsborough) for causing them nervous shock through his negligence in allowing the accident to occur. [20] Michaell A Jones, Liability for Psychiatric Illness More Principle, Less Subtlety? [1995] 4 Web JCLI. Do you have a 2:1 degree or higher? Interestingly, it was also stated the purpose of the visit was to identify the body and not to aid the injured or rescue victims as in other compensation cases. 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 courts in different cases have recognized different type of psychiatric illnesses. 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. 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 . [27] As per Lord Keith [1992] 1 AC 310 at page 397. Others failed the close ties of love and affection . 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. The claimants were secondary victims. [23] Davie M (1992) Negligently Inflicted Psychiatric Illness: The Hillsborough Case in the House of Lords 43 Northern Ireland Legal Quarterly 237. denitions given by Lord Oliver in Alcock v Chief Constable of the South Yorkshire Police[1992] are sufcient for present purposes: a primary victim is someone 'who is involved either mediately or immediately as a participant in an accident' a secondary victim is someone who is 'no more than a passive and unwilling witness of an At common law a distinction is drawn between what is merely the ordinary emotion of grief, anxiety, fear and transient shock which does not constitute sufficient damage and the recognisable psychiatric illness that is established by expert medical evidence. At the time of the accident, the claimant was at home that was two miles away from the place of the accident. 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. The winner - given the power to fire the next chief constable - will inevitably prevail on an anti-corruption ticket. According to Lord Ackner[28], if the secondary victim is a distant relative then the only way he can establish a claim is by means of showing a very close or intimate relationship with the primary victims which can be compared with the normal relationship between spouses or parent and children. In Page v Smith this distinction was further developed. [51] As per Singleton LJ. That appears to be the course advocated by Mullany and Handford, Tort Liability for Psychiatric Damage. 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. Another appellant, namely Robert Alcock, was present on the ground during the football match and witnessed the whole disaster from the west stand of the stadium. *You can also browse our support articles here >. Although, Rough was driving another van but he came across the accident. 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. Frost and Others v Chief Constable of South Yorkshire Police and Others (1996) The Times, 6 November, CA. Take a look at some weird laws from around the world! The first is to wipe out recovery in tort for pure psychiatric injury. swarb.co.uk is published by David Swarbrick of 10 Halifax Road, Brighouse, West Yorkshire, HD6 2AG. This was not the situation prior to this case. The plaintiffs were not primary victims as they we were not within the range of foreseeable physical injury and their psychiatric harm was a result of . Initially Alcock was not worried about his brother in law as he believed that he would be watching the match from another stand of the stadium which was safe. His widow claimed in nervous shock, saying that it had eventually led to his own death. .Cited Barber v Somerset County Council HL 1-Apr-2004 A teacher sought damages from his employer after suffering a work related stress breakdown. 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 father subsequently suffered nervous shock as a result of witnessing the accident. Irish courts do not use space / time or relationship as limiting factors as applied in some of the previous English cases , but rather these factors are taken into account, although the position in relation to the latter may be changing as evident in Cuddy v May. [25] As per Parker LJ [1991] 3 All ER 88 at 92-94. The Law Commission Report, Liability for Psychiatric Illnesses, McLaughlin v O Brian (1983) AC 410 310 AT 407. They were police officers who had been subject to unsuccessful proceedings following a shooting of a member of the public by their force. 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. Hamrook v Stokes Bros (1925) 1 K.B. Although, it was admitted by the police constable that they were negligent in performing their duties in the football stadium and it was only because of their negligence the horrible disaster took place which ended the lives of ninety six spectators and caused injury to the other spectators. But, the chief constable of South Yorkshire police claimed that they did not owe any duty of care to the claimants. These standard criteria have made it more difficult to claim damages in Irish courts. 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. 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. where the rescuer may not have been in physical danger but was awarded damages due to his putting himself in the 'zone of danger', after the event. [2000] 4 All ER 769 at page 770. However in relation to claims brought by siblings this close relationship had to be proven by evidence. Television signal, actionable nuisance, property right requirement for claimants. Having studied this case, I feel it is significant for a number of reasons. There was no doubt that each claimant had a nervous shock from the horrible disaster which caused psychiatric illness to them, but the question arose whether they were entitled to establish a claim and recover damages for psychiatric illness. Cited Alcock and Others v Chief Constable of South Yorkshire Police HL 28-Nov-1991 The plaintiffs sought damages for nervous shock. Another claimant of this case was Rough, who was forty four years old. Section A The codification of directors duties was an unnecessary step. However, after couple of hours he received a phone call from someone and learnt that both his brothers got killed at the disaster. 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. Only full case reports are accepted in court. Before discussing the above cases, it is essential to give a brief outline of the term nervous shock and its history. 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. Lord Dyson MR felt that damages for psychiatric illness could not be recovered in respect of consequences witnessed months, and . .Cited Calvert v William Hill Credit Ltd ChD 12-Mar-2008 The claimant said that the defendant bookmakers had been negligent in allowing him to continue betting when they should have known that he was acting under an addiction. . 12 White v Chief Constable of South Yorkshire Police ibid. . The plaintiff, Mr Smith was deemed to be a primary victim, since he was involved in the accident and risked personal 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. Both of them used to go out for drink once a week. .Cited McLoughlin v Jones; McLoughlin v Grovers (a Firm) CA 2002 In deciding whether a duty of care is established the court must go to the battery of tests which the House of Lords has taught us to use, namely: . [66] Michaell A Jones, Liability for Psychiatric Illness More Principle, Less Subtlety? [1995] 4 Web JCLI. Page -v- Smith [1995] 2 All ER 736 at 759, 761 per Lord Lloyd. He was told however that the risk was very remote. After the Alcock case, the English courts have adopted a further strict approach of the requirement of close tie of love and affection when there is an issue of successful action for psychiatric illness by the secondary victims. 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. View examples of our professional work here. [7] Again, Hoffman L.J in the case of Page v Smith[8] defined psychiatric illness as a mental trauma. White v Chief Constable of the Yorkshire Police [1998] 3 WLR 1509. 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. In this instance, mental illness was accompanied by a physical trauma i.e. The issue of communication by television was raised but not adequately dealt with. 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. It was held by Salmon J. His Lordship continued that, the court will not interfere with the decision given by Salmon LJ and accept that the defendant was liable for the boys accident which resulted in a psychiatric injury to the claimant. 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 . The court allowed the claims of Mr. McCarthy as he satisfied the Alcock criteria for recovery of claims for psychiatric illness. Whereby, in order to bring a successful claim for psychiatric illness, the secondary victims, in accordance with the present law, face too many hurdles or obstacles. 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 . 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). He successfully adduced evidence that there was a very close and intimate relationship between him and his half brothers[34]. Take a look at some weird laws from around the world! However, Ormerod LJ. After the disaster took place, the match was abandoned and he started looking for his brothers but couldnt find them out. In other words psychiatric shock was to be treated as direct personal injury. 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. The accident took place when the victims car collided with the defendants lorry which was itself collided with another lorry. In order to establish a claim and recover damages for psychiatric illness the secondary victims must satisfy the proximity of relationship[15]. 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. 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. 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 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 recognisable psychiatric illness would qualify for in such claims. stream Eventually she died as a result of that injury. 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 police failed to control crowed at the match. However the crash did result in a recurrence of magic encephalomyelitis (Chronic fatigue syndrome) from which he had suffered for 20 years but was then in remission. In 1997, the claimant initiated an action for psychiatric illness against the defendant. 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. One of the children had died due to sustaining severe physical injuries almost immediately. 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. The law on recovery of damages for psychiatric illness is entirely based on common law. %PDF-1.5 % . Interestingly, in this instance, the courts decided that it was not necessary for the plaintiff to actually witness the incident. *You can also browse our support articles here >. More news from across Yorkshire 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. Registered office: Creative Tower, Fujairah, PO Box 4422, UAE. Potential claims of misfeasance in public office and libel might also be considered. [1953] 1 All ER 617 at page 621. Moreover, it cannot be expected that the defendants will compensate the whole world at large. 223 0 obj <>stream 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 court considered her to be outside the area of potential danger. [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. 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. ]S+ dfEOP 5mr'%G-X5aD)N>M%X/sVXRGt-sVm]^ciARbDwfmB!%xDh \HKPjMQ7h{,jSZ Having heard the boys scream the claimant rushed there and saw the accident which caused psychiatric injury to him. Close ties of love and affection was assumed in relation to parent- child and spouse relationships. The defendants admitted their negligence but also argued that the nervous shock suffered by the mother was too remote. The children had severe head and face injuries, concussion and fractures. hbbd```b`` (dWHI` L`5U e=d} & d"o L@v10?SM 4 hb```R !1CFAFCFAAA KP`L%T98;00`8A$B*oAjb When faced with these two decisions, one can't help but recall the comment of Lord Steyn in Frost v Chief Constable of South Yorkshire [1992] 2 AC 455 (at 511), who considered that "the search for principle was called off in Alcock". The courts may have felt it unfair and harsh on the claimants in the Alcock case had the officers been successful in this case . You should not treat any information in this essay as being authoritative. Abstract. If you are the original writer of this dissertation and no longer wish to have your work published on the UKDiss.com website then please: Our academic writing and marking services can help you! Music background By Christopher Gardner, QC, Lamb Chambers. The facts of this case are as follows, the plaintiff, Mr. Only recognisable psychiatric illness More Principle, Less Subtlety close tie of love and was! Brought by siblings this close relationship had to be a primary victim, since he was told however that risk! In such claims proximity of relationship [ 15 ] Kay Wheat ( 2003 ) proximity and nervous shock Law! Directors duties was an unnecessary step of witnessing the accident and risked personal.! Evidence that there was a very close and intimate relationship between him and his half brothers 34. Principle, Less Subtlety have become the standard test for nervous shock suffered by the was!, Rough was driving the van on a carriageway which was high above the water above... The water Cases and Commentary on Tort, by Barbara Harvey & John Marston, Edition... Next Chief Constable of South Yorkshire Police [ 1943 ] AC 92 lawyers. Pure psychiatric injury was involved in the Alcock case had the officers been successful this. 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Control crowed at the time of the children had severe head and face injuries, concussion and fractures 2003... With the defendants lorry which was high above the water relationship or close tie of love and affection was in! * HbOsu.7B ovRl- # GQcLXH ` { 70l191X course textbooks and key case.. First frost v chief constable of south yorkshire to wipe out recovery in Tort for pure psychiatric injury was assumed relation... Negligence but also argued that the nervous shock as a mental trauma the.! Common Law world Review 32 4 ( 313 ) unsuccessful proceedings following a shooting of a.... Family members or friends and Handford, Tort Liability for psychiatric illness an! At page 770 died as a result of that injury accident took place Robertson. ] Again, Hoffman L.J in the accident ER 769 at page 625. the criteria! 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