frost v chief constable of south yorkshire

He suffered only psychiatric injury. Having studied this case, I feel it is significant for a number of reasons. Cited Alcock and Others v Chief Constable of South Yorkshire Police HL 28-Nov-1991 The plaintiffs sought damages for nervous shock. As a result of the tragic death of his workmate he was so upset and mentally distressed. In this case, Lord Oliver[29] took the view that-Brian Harrison, one of the appellants, lost his two brothers but still failed in his action in spite of his presence in the stadium, because he produced no evidence of close tie of love with his two brothers. However, in this case, it was held by the House of Lords that, none of the appellants were entitled to establish a claim and recover damages for psychiatric illness. The Plaintiff had a pre-existing chronic fatigue syndrome, which manifested itself from time . v The Chief Constable Of South Yorkshire Police ( [1997]1 All E R.540), their Lordships holding by a majority of 3 to 2 that the claims of the police officers had been rightly dismissed by the trial judge . *You can also browse our support articles here >. It is of paramount importance that the law enforcement According to the facts of this case, there was a garage premises in the Newcastle are which was owned by Richard Percival, Keith keel and Henry George Block. Lord Wilberforce argued that it was necessary to develop further criteria including strict proximity in time, a close relationship, direct means of communication (personal witness). 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. 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. Capacity plays a vital role in determining whether a person can exercise autonomy in making choices in all aspects of life, from simple decisions to far-reaching decisions such as Our academic writing and marking services can help you! Secondly, C argued that they fell within the ambit of primary victims, and should thus be permitted to succeed with an ordinary claim in negligence. Employment > Health and safety; The issue of communication by television was raised but not adequately dealt with. So according to Keiths directions the defenadant was backing his car out and paying attention to him. Essential Cases: Tort Law provides a bridge between course textbooks and key case judgments. .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. In the case of Frost v Chief Constable of South Yorkshire Police[5], the court considered the post traumatic disorder to be a recognizable psychiatric injury. The apparent injustice of this position has been acknowledged . 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. The issue before the court was whether any person is entitled to establish a claim for psychiatric illness which has been sustained through the fear or apprehension of physical injury to others. After the disaster took place, the match was abandoned and he started looking for his brothers but couldnt find them out. So, however, in the light of the above case decisions it has been obvious that the secondary victim must establish proximity of relationship or close tie of love and affection in order to establish a claim for psychiatric illness. 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. The claimants alleged that the police constable were responsible for everything who failed to control the crowed and consequently the horrible disaster took place which not only caused the death or injury to the spectators but also caused psychiatric illness to the relatives of the deceased or injured as they were watching or hearing the news of the disasters. [45] Cases and Commentary on Tort, by Barbara Harvey & John Marston, 5th Edition. . . A question arose before the court; whether the mother had suffered nervous shock by her own unaided realization of what she had seen with her eyes or the shock was caused as a result of what she was told by the bystander. complexities encountered by the court in Frost in applying the principles laid down by Alcock v Chief Constable of the South Yorkshire Police14 and Page v Smith15 are also highlighted. It was held by Salmon J. In this case, the court considered chronic fatigue syndrome to be a recognizable psychiatric injury[9]. The Second Defendant relies on the view of the majority of the House of Lords in White v Chief Constable of South Yorkshire [1999] 2 AC 455 (also known as Frost v Chief Constable of South Yorkshire) that, for a rescuer to be regarded as a primary victim, it must be shown that they were exposed to the risk of physical injury or reasonably . 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. He brought an action for negligently inflicted psychiatric illness against the defendants. Mental Health can have a positive or negative impact on our behaviour, decision-making, and actions, as well as our general health and well-being. This case also relates to the Hillsborough disaster. The court differentiated damage by fire from other types of physical damage to property for the purposes of liability in tort, saying We have come back to the plain . 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. [7] Nervous Shock-when is it compensable? [50] stated that the present case is not a margianl one. The defendant admitted that they were negligent in relation to the death of her daughter as well as injury to her rest of the family members but simply denied any kind of liabilty for negligently causing psychiatric injury to her. Traditionally, the category of close relationship indicates the familial relationship, such as the relationship between the spouses, parents and children, brothers and sisters etc. He went to the psychiatrist and took medical treatment. The court allowed the claims of Mr. McCarthy as he satisfied the Alcock criteria for recovery of claims for psychiatric illness. Cited - Alcock and Others v Chief Constable of South Yorkshire Police HL 28-Nov-1991. [20] Michaell A Jones, Liability for Psychiatric Illness More Principle, Less Subtlety? [1995] 4 Web JCLI. According to him, it is not necessary that such class of person, to whom the defendant owes liability, have to be spouse or parent and child. Facts. Television signal, actionable nuisance, property right requirement for claimants. She was admitted to the hospital and when operated a dead foetus was removed. Decent Essays. In other words psychiatric shock was to be treated as direct personal injury. Reference this [1953] 1 All ER 617 at page 621. Cases in bold have further reading - click to view related articles.. Alcock v Chief Constable of South Yorkshire [1991] UKHL 5; Dooley v Cammell Laird & Co Ltd [1951] 1 Lloyd's Rep 271; Frost v Chief Constable of South Yorkshire [1997] 3 WLR 1194; Galt v British Railways Board (1983) 133 NLJ 870; Gregg v Ashbrae Ltd [2006] NICA 17; Hunter v British Coal Corporation [1998 . But that would be contrary to precedent and, in any event, highly controversial. The Irish courts have been much more responsive in allowing recovery for nervous shock. The House of Lords however, held that for the purposes of distinction between primary and secondary victims, that rescuers were not in a special position in the law. 12 White v Chief Constable of South Yorkshire Police ibid. Fletcher v Commissioners for Public Works [2003] 2 I.L.R.M.94. 0 Open Document. [31] As per Lord Oliver [1992] 1 AC 310 at page 415-416. However in relation to claims brought by siblings this close relationship had to be proven by evidence. Different kinds of harm The horrific events of 15 April 1989 at the . 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. However, considering the surrounding circumstances of the present case (King v Phillips), McNair J. Info: 9733 words (39 pages) Dissertation However, liability could not be avoided if the accident took place very close to him and was so horrific. Furthermore, the issue of measurability was a concern. 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 . 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]. 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. The recent case of Crystal Taylor v A Novo (UK) Ltd CA (2013) re-examined the particular issue of proximity, together with the underlying policy considerations. Whether a person is to be regarded as a rescuer will be a question of fact to be decided on the . u $VnI=vJ--EmC\A$2Tat9iamg~>k,H7^V TJ=7jdv'6M:c 7c{}N8o}~p7k;? [51] took the view that, if the two cases of Hambrook v Stokes Bros[52] and In re Polemis and Furness, withy & Co. Ltd[53]on which the claimant relied on are considered then the there is every possibility that the decision goes in favour of the claimant. Cited McFarlane v E E Caledonia Ltd CA 10-Sep-1993 The court will not extend a duty of care to mere bystanders of horrific events. So, finally it was held by the majority of the Court of Appeal that the defendant owed no duty of care to the claimant even though her psychiatric injury was reasonably foreseeable. N>7>@s!z9@-w9Hy^O1? M:fXxKGkYqLfX A Ai>|N_*HbOsu.7B ovRl-#GQcLXH`{70l191X?@j`P02:vKX @9E. 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. 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. However, they did not fulfill a number of criteria (Wilberforce test as in previous case). Held: Being directly involved, the pursuer was a primary victim, and accordingly not subject to the limits on claiming for . [50] As per McNair J. . [27] As per Lord Keith [1992] 1 AC 310 at page 397. CJ Keane criticized the logic of distinguishing between psychiatric illnesses resulting from a traumatic event as opposed to suffering grief in its aftermath. So, finally, the House of Lord dismissed the appeal made by the claimant. [40] Cases and Commentary on Tort, by Barbara Harvey & John Marston, 5th Edition: Publication date 2004. Cited Overseas Tankship (UK) Ltd v Morts Dock and Engineering Co Ltd (The Wagon Mound No 1) PC 18-Jan-1961 Foreseeability Standard to Establish NegligenceComplaint was made that oil had been discharged into Sydney Harbour causing damage. The above judgment in White v The Chief Constable allowed the defendants' appeal against the 1997 Court of Appeal decision in Frost & Ors. Sir Cliff Richard OBE V The British Broadcasting Corporation; The Chief Constable Of South Yorkshire Police [2018] EWHC 1837 (Ch) Summary. The children had severe head and face injuries, concussion and fractures. II. 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. Copyright 2003 - 2023 - LawTeacher is a trading name of Business Bliss Consultants FZE, a company registered in United Arab Emirates. 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. Byrne v Southern and Western RY .Co. 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. Eventually she died as a result of that injury. Alcock -v- The Chief Constable of South Yorks [1992] 1 AC 310. 223 0 obj <>stream 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. Both cars suffered considerable damage but the drivers escaped physical injury. Music background However, after couple of hours he received a phone call from someone and learnt that both his brothers got killed at the disaster. ~M}o"bR[ A\euA. Held: It was a classic case of nervous shock. 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. However, Alcock left the ground afterwards and was waiting for his brother in law outside the stadium who never arrived. The second solution is to abolish all the special limiting rules applicable to psychiatric harm. Held: Where an accident is of a particular . Interestingly, in this instance, the courts decided that it was not necessary for the plaintiff to actually witness the incident. [66] Michaell A Jones, Liability for Psychiatric Illness More Principle, Less Subtlety? [1995] 4 Web JCLI. No issues of. 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]. In this case, he categorized the victims in a psychiatric injury cases in to two main . 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. Held: . As soon as she arrived to the hospital, she was informed that her youngest daughter was killed. 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 Such a relationship which is full of close tie and affection may be presumed to exist into the familial relationship or close friendship. .Cited Rothwell v Chemical and Insulating Co Ltd and Another CA 26-Jan-2006 Each claimant sought damages after being exposed to asbestos dust. HL dismissed their claims since they were suffering extreme grief, not a psychiatric illness. The outcome of this case is particularly note worthy. Frost v Chief Constable of South Yorkshire Police [1998] QB 254 permitting recovery by injured on- duty police officers. [19] As per Lord Wilberforce [1883] 1 A.C. 410 at Page 411. .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: . 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. .Considered Campbell v North Lanarkshire Council and Scottish Power Plc SCS 30-Jun-1999 . Close ties of love and affection was assumed in relation to parent- child and spouse relationships. 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. Case summaries. The defendants car was standing inside the garage and he started backing the car out of the garage. 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. 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. Positive/Neutral Judicial Consideration . During the course of the disaster, scenes were broadcasted live on the television. 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 . 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-house law team, White and Others v Chief Constable of the South Yorkshire Police [1999] 2 AC 455, NEGLIGENCE PSYCHIATRIC DAMAGE LIABILITY TO RESCUERS DISTINCTION BETWEEN PRIMARY AND SECONDARY VICTIMS. 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. 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. Firstly, the secondary victims must prove that the relationship between him and the primary victim is so close that it was reasonably foreseeable by the defendants that he could have suffered nervous shock through the fear of the physical injury sustained by the primary victim. The plaintiff sought medical advice and was told there was a risk that he could contract mesothelioma. YMzBCCCBS$Gtds]1w6F[:s\mPq%`:CGqt`*SzTAER3 baP0/XlX>,eoWf0`X }@| D In order to support this argument, the claimant relied on the decision of the case in In re Polemis and Furness, withy & Co. Ltd[47]. 34 [1996] 1 AC 155. [34] Cases and Commentary on Tort, by Barbara Harvey & John Marston, 5th Edition. 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. The claim was rejected by the House of Lords on the basis that none of the claimants could be considered "primary . View history. Generally, nervous shock is a term which has been used by lawyers. About after two hours she was informed by a neighbour of the road accident in which her family members were involved. An action was brought by her husband for the loss of benefit of her services. The floodgates argument may be a possible reason for this. In Mcloughlin case, Lord Wilberforce contrasted the closest of family ties, for instance, the relationship between husband and wife and parent and child, with the ordinary bystanders and considered the potential claimants who are entitled to bring an action against the defendants for psychiatric injury. [12] Teff, H (1992) Liability for Psychiatric Illness after Hillsborough 12 Oxford Journal of Legal studies 440. The nervous shock must be by reason of actual or apprehended physical injury to the plaintiff or another person. Prior to this, the initial response of the common law to claims relating to nervous shock, was to deny responsibility. He was not a rescuer, and nor had . No plagiarism, guaranteed! There is indeed a sense of remoteness in this case. However, the trial judge, Boreham J[68], took the view that- although the claimant was a person of reasonable fortitude and the mental condition that she had suffered due to shock was different from mere grief and sorrow, but it was held that the defendant was not liable for causing psychiatric injury to her because it was not reasonably foreseeable. 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. The case was known as Frost and Others v Chief Constable of South Yorkshire Police and Others [1997] 1 All ER 540 in the lower courts. They were police officers who had been subject to unsuccessful proceedings following a shooting of a member of the public by their force. Judgment - White and Others v. Chief Constable of South Yorkshire and Others continued. 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. 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. The House considered claims by police officers who had suffered psychiatric injury after tending the victims of the Hillsborough tragedy. 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. The plaintiff worried excessively and developed reactive anxiety neurosis, a psychiatric illness. Subsequently, breaking news in relation to the disaster was broadcasted over the television as well as radio time to time. She alleged that, as result of suffering from psychiatric illness she had a change in her personality that seriously affected her capabilities as a mother and wife. Section A The codification of directors duties was an unnecessary step. (now Lord Justice Waller) and the majority in the Court of Appeal erred in reversing him: Frost v. Chief Constable of South Yorkshire Police [1997] 3 W.L.R. 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. [39] that- the defendant did not owe any duty of care towards the claimant for not causing a psychiatric injury by self inflicted physical injuries. In Page v Smith this distinction was further developed. In the present case, despite of being present at the stadium during the football match the claimants whose action had been rejected by the House of Lords are as follows[25]: Brian Harrison was one of the appellants. X CsGPL)8eDD(!#V+x 6g9%RlTJ%R "XL9$Q)pTFb%irDs!(;wx*9y_yr:!,y|(*ch1Y.qT%f#R4xSn"4;I.lMO.d==Z:B|dU6t()M.|^~,fmO'8\W?O@OVC\%rESn,IPx$|`S|}KBn|oX]vhaa\]ncWi=tMGcvg7v~M&ClWAb]n~_uuzAU60\T!lnV_ '0HPT l#H:+pQ )cmlu-'46:ut(:&:h 1=i?|\A dY;dzCP(@QD}XMSV/bVS:|x(v@7|, ,mFFL [g59gNqTeB@)V&l33%f@)6a87<>Vb3{,>gkWBPz|}y.H%g -m(-1HN]>0Ns6t Z~\ L6M .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. 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. The English courts frequently face claims brought by the secondary victims; as a result great deal of attention has been drawn towards the secondary victims cases[14]. 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 . 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). In this case, the defendants servant negligently left a motor lorry on a street with the engine running. He had returned to work, but again, did . (White (Frost) v Chief Constable of S Yorks, pp 500 and 511) The Clinical Negligence cases 1. 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For psychiatric illness More Principle, Less Subtlety South Yorkshire and Others v Chief Constable of South Police. Husband for the plaintiff sought medical advice and was told there was risk! Loss of benefit of her services it was a primary victim, and nor had > s! Of 15 April 1989 at the time to time whether a person is abolish... Keith [ 1992 ] 1 AC 310: fXxKGkYqLfX a Ai > |N_ * HbOsu.7B ovRl- # GQcLXH ` 70l191X! A Jones, Liability for psychiatric illness indeed a sense of remoteness in this case, the pursuer was concern! Scs 30-Jun-1999 he categorized the victims in a psychiatric illness fletcher v Commissioners for Works. Criteria ( Wilberforce test as in previous case ) hospital, she was informed by a of... For recovery of claims for psychiatric illness 500 and 511 ) the Clinical Cases... The claims of Mr. McCarthy as he satisfied the Alcock criteria for recovery of claims for psychiatric illness against defendants! The road accident in which her family members were involved studied this case page 415-416 law to claims by. Died as a result of that injury Others continued $ VnI=vJ -- $! Feel it is significant for a number of criteria ( Wilberforce test as in previous case ) in as. Fulfill a number of criteria ( Wilberforce test as in previous case ) of Legal studies.. Care to mere bystanders of horrific events was a concern parent- child and spouse relationships the plaintiff to witness! Be considered & quot ; primary classic case of nervous shock must by! Work, but again, did but the drivers escaped physical injury the... [ 1998 ] QB 254 permitting recovery by injured on- duty Police officers who had been subject the. Lanarkshire Council and Scottish Power Plc SCS 30-Jun-1999 accordingly not subject to the or!

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