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. A live television broadcast of that match was running from the ground. 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 . Take a look at some weird laws from around the world! Both cars suffered considerable damage but the drivers escaped physical injury. The carriageway was too high that any person fell from that distance would unlikely to survive. YMzBCCCBS$Gtds]1w6F[:s\mPq%`:CGqt`*SzTAER3 baP0/XlX>,eoWf0`X }@| D 164 0 obj <> endobj The court further considered the issue if both the claimants suffered nervous shock as a result of witnessing the accident. 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 [26] Davie M (1992) Negligently Inflicted Psychiatric Illness; The Hillsborough Case in the House of Lords 43 Northern Ireland Legal Quarterly 237. Potential claims of misfeasance in public office and libel might also be considered. 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 . See para 1.5 n 14 below. The claimant appealed against the decision of the trial judge to the Court of Appeal. IMPORTANT:This site reports and summarizes cases. Only full case reports are accepted in court. Others failed the close ties of love and affection . Cazalet J. agreed with the claimant that he meets all the recovery criteria that govern a claim for psychiatric injury sustained by him. Similary, the defendant argued that, in the present case, the claimant was far away from the actual place of the accident and did not see what happened there. Furthermore, the issue of measurability was a concern. The test of reasonable foreseeability was applied and issues of space, time and relationship were considerations in determining the degree of foreseeability of psychiatric illness. Moreover, Denning LJ[55] took the view that, the defendant was under a duty of care to the boy where there was a breach of that duty of care, but as far as the claimants nervous shock was concerned, it was not reasonably foreseeable by the defendant that the claimant could be suffered from a nervous shock as a result of the accident. Frost v Chief Constable of South Yorkshire Police [1999] 2 AC 455 at 500. . 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 1.3 million residents of South Yorkshire have had enough. So, in this situation- Singleton LJ. The question was whether, having regard to the fact that she had suffered sorrow and grief it would not be to . The teenager, who is now fighting for his life, was struck by a blue Mini Cooper at the junction of Leeds Road and Muffit Lane in Heckmondwike. 10 Alcock v Chief Constable of South Yorkshire Police . 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. [2000] 4 All ER 769 at page 770. 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. Disclaimer: This work was produced by one of our expert legal writers, as a learning aid to help law students with their studies. In this case, the defendants servant negligently left a motor lorry on a street with the engine running. The plaintiff, Mr Smith was deemed to be a primary victim, since he was involved in the accident and risked personal injury. The defenadant appealed against the decision of Salmon J. . 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. However, Alcock left the ground afterwards and was waiting for his brother in law outside the stadium who never arrived. Cases Referenced. .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. The House of Lords reversed the Court of Appeal decision in Frost v Chief Constable of South Yorkshire [1997] 1 All ER 540, which had found that the plaintiffs were primary victims, as rescuers. 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. The case of Alcock v Chief Constable of South Yorkshire[22]is the best example which provided the criteria for recovery of psychiatric injury claims by the secondary victims. It appears to have played an unjustifiably large part in the . 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. 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. So, after a very careful consideration of the facts and surrounding circumstances, his Lordship dismissed the defendants appeal. 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. 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 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. 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. She was admitted to the hospital and when operated a dead foetus was removed. So according to Keiths directions the defenadant was backing his car out and paying attention to him. He further took the view that, the cases where there is insufficient proximity of relationship must be very carefully considered before allowing the claimants for psychiatric injury claims[20]. More news from across Yorkshire 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. 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. 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. The new chief constable of South Yorkshire Police has shared her "incredible pride" at leading the force. The claimants (C) were all police officers who had been on duty within Hillsborough Stadium during the eponymous disaster, in which 95 Liverpool FC fans were killed and many others injured. 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. Times 06-Nov-1996, [1996] EWHC CA 173if(typeof ez_ad_units != 'undefined'){ez_ad_units.push([[320,100],'swarb_co_uk-medrectangle-3','ezslot_6',114,'0','0'])};__ez_fad_position('div-gpt-ad-swarb_co_uk-medrectangle-3-0'); Bailiiif(typeof ez_ad_units != 'undefined'){ez_ad_units.push([[250,250],'swarb_co_uk-medrectangle-4','ezslot_5',113,'0','0'])};__ez_fad_position('div-gpt-ad-swarb_co_uk-medrectangle-4-0'); Appeal from Frost and Others v Chief Constable of South Yorkshire QBD 3-Jul-1995 Trained rescuers have to be assumed to have a higher distress threshold because of their training and experience, and if a claim for psychiatric injury is to be made out, they must show some exceptional and particular situation to justify the claim. 2 claims. u $VnI=vJ--EmC\A$2Tat9iamg~>k,H7^V TJ=7jdv'6M:c 7c{}N8o}~p7k;? An action for negligence was brought into the court against the Chief Constable of South Yorkshire Police. He took the view that, since the claimant was watching the scene of the accident from quite a few distances away, so it was not reasonably foreseeable by the defendant that if he backed his taxicab negligently the claimant would suffer a nervous shock. In Frost v Chief Constable of South Yorkshire Police [1999] 2 AC 455, the House of Lords applied that distinction to police officers (and others) who were not themselves within the zone of physical danger caused by the defendant's negligence, but had to deal with the consequences of catastrophic harm to others in the course of their duties . 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. The outcome of this case is particularly note worthy. 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. 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. [1953] 1 All ER 617 at page 621. The plaintiffs in the case were police officers who suffered psychiatric injury after witnessing the Hillsborough stadium disaster. As far as the claims for psychiatric illness is concerned, it was the case of Hambrook v Stokes Bros[16], where the English courts for the first time recognized a claim for psychiatric illness by the secondary victims. . Although there was a big age difference between them but they had been working together for many years. They used to walk to and from their workplace quite frequently. According to Lord Oliver[31], it would be unfair to create a list of the category or class of people whose claim should be allowed and whose claim should be failed. The law on recovery of damages for psychiatric illness is entirely based on common law. Similarly there are some other cases where the claimants were not actually present at the scene of the accident but the court still held the defendant liable for negligently inflicting psychaitric injury to the claimants. [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. 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. 2 Alcock v Chief Constable of South Yorkshire Police [1992] 1 AC 310. However, during the journey, a very strong wind thrown the metal sheet and Smith away while he was sitting on top of it. Having heard this, the claimant ran approximately hundred yards from her place in order to see her son who was eventually died. %PDF-1.2 During a major football match in the Hillsborough ground, one part of the football stadium was crashed because the South Yorkshire police allowed an excessively large number of spectators in that part of the stadium which was already full. Hamrook v Stokes Bros (1925) 1 K.B. Courts said the following elements are necessary to establish liability for nervous shock The plaintiff must establish that he suffered a recognizable psychiatric illness, the illness must have been shock induced; caused by the defendants act or omission. Copyright 2003 - 2023 - LawTeacher is a trading name of Business Bliss Consultants FZE, a company registered in United Arab Emirates. (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 . 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. 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. Donaghue v Stevenson [1932] A.C. 532. 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. Cited Hinz v Berry CA 1970 Then plaintiff saw her husband killed and her children injured by a runaway motor car. He continued that, the claimants nervous shock was too remote as a head of damage. Although the term has been replaced by psychiatric illness but it reflects the approach of the law in such cases[2]. 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 In Page v Smith this distinction was further developed. In that case, as long as the claimants can establish that there is a kind of close tie of love with the injured person and because of having such a relationship the claimant is mentally disturbed or shocked when the loved one suffers serious physical peril or injury. 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. The claim was rejected by the House of Lords on the basis that none of the claimants could be considered "primary . 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. All work is written to order. 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.. had introduced the Special Rule . .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. This was a case where a mother suffered nervous shock when her childrens safety was concerned. . In Alcock v Chief Constable of South Yorkshire (1992) 1 AC 310 the ordinary rules of negligence were applied to allegedly negligent crowd control by the police. This principle was later applied in Alcock v Chief Constable of South Yorkshire Police. Disclaimer: This dissertation has been written by a student and is not an example of our professional work, which you can see examples of here. The case of White and Others v Chief Constable of South Yorkshire (1998) QB 254 elicited need for necessary distinctions between physical injury and nervous shock and has had an impact on nervous shock claims by bringing other policy considerations into play, for example the Criminal Injuries Compensation Scheme and the Criminal Justice Act of . Cited Mount Isa Mines Ltd v Pusey 1970 The court considered how progress is made in developing the law of liability for damages for psychiatric injury, saying The field is one in which the common law is still in course of development. 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. .Cited French and others v Chief Constable of Sussex Police CA 28-Mar-2006 The claimants sought damages for psychiatric injury. As a result, the claimant suffered from a nervous shock. Filters. The claimants (C) were all police officers who had been on duty within Hillsborough Stadium during the eponymous disaster, in which 95 Liverpool FC fans were killed and many others injured. 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. 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. He had known Smith just as a colleague for few years. The UK High Court has found that the British Broadcasting Corporation (BBC) infringed the privacy of renowned musician Sir Cliff Richard (Sir Cliff) by broadcasting a raid by the South Yorkshire Police (the SYP) following an allegation of historical sexual . Generally, nervous shock is a term which has been used by lawyers. The case centred upon the liability of the police for the nervous shock suffered in consequence of the events of the Hillsborough disaster . However, they did not fulfill a number of criteria (Wilberforce test as in previous case). On that occasion the law lords removed any special rights of employees or . As secondary victims they, like the bystanders or spectators, were not entitled to recover damages for their psychiatric illness. Case Summary Having witnessed the tragic death of Smith, both his workmates-Robertson and Rough suffered nervous shock. The plaintiffs sought damages for nervous shock. You would be correct that rescuers are generally an excluded category of primary victim, as seen in cases like White v CC of South Yorkshire Police (if family cannot claim, rescuers should not be allowed to) . CJ Keane criticized the logic of distinguishing between psychiatric illnesses resulting from a traumatic event as opposed to suffering grief in its aftermath. 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. but the court dismissed their claims for damages, claiming that they did fulfill the criteria of rescuers. 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. Generally, the burden of proving such a close tie of love and affection lies with the person who wishes to establish a claim for psychiatric illness. [9] NJ Mullany, Psychiatric damage in the House of Lords- Fourth time Unlucky: Page v Smith (1995) 3 Journal of Law and Medicine 112. The facts of this case are as follows, the plaintiff, Mr. In favour of this argument the claimant relied on the decision given by the House of Lords in the case of Hambrook v Stokes Bros[46]. 34 [1996] 1 AC 155. Although the boy arrived home eventually but his mother suffered from a nervous shock[45]. In the case of bystanders, it is not generally foreseeable by the defendants that such a person would suffer from psychiatric injury. 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 . Cited Malcolm v Broadhurst QBD 1970 The principle of foreseeability of psychiatric injury is subject to the qualification that, where the psychiatric injury suffered by the plaintiff is consequential upon physical injury for which the defendant is responsible in law, the defendant . 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 . The caimant was summoned by the hospital authority in order to see her injured family members. As a result of experiencing such a dreadful event she subsequently suffered severe nervous shock resulting in the form of psychatric illness. 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 . An action was brought by her husband for the loss of benefit of her services. 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 . 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. This was a case which involved a huge disaster in the Hillsborough football stadium[23]. His employers had refused to provide the increased support he requested. Frost v Chief Constable of Yorkshire Police [1997] 3 WLR 1194. The horrible accident took place when the employees were removing a big thin piece of metal sheeting which was lying on the south-bound carriageway. Top Tier Firm Rankings. The winner - given the power to fire the next chief constable - will inevitably prevail on an anti-corruption ticket. Regretted Page v Smith HL 12-May-1995 The plaintiff was driving his car when the defendant turned into his path. For example, in Hinz v Berry[3], the court recognized morbid depression as a recognizable psychiatric illness. A rescuer, not himself exposed to physical risk by being involved in a rescue was a secondary victim, and as such not entitled to claim. In the case of Alcock v Chief Constable of South Yorkshire,[6] Lord Ackner defined the term nervous shock or psychiatric illness as Sudden appreciation by sight or sound of a horrifying event, which violently agitates the mind. On the other hand, Lord Keith defined psychiatric illness as Sudden assault on the nervous system. The defendants resisted saying that the injury alleged, the development of pleural plaques, was yet insufficient as damage to found a claim. Among all the claimants, thirteen people lost either their relatives or friends because of death. 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). The lorry ran violently down the hill. . Recovery, on the other hand, for a secondary victim is differentiated and is much more restricted. Moreover, it cannot be expected that the defendants will compensate the whole world at large. . 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 . During the course of the disaster, scenes were broadcasted live on the television. This was an event of 19th October 1973. [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. In that case, the defendant did not reasonably foresee that the claimant would suffer from psychiatric injury as she was too far away from the actual place of the accident. 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 . In this case, he categorized the victims in a psychiatric injury cases in to two main categories- the primary and secondary victims. endstream endobj startxref Until then he had no clue about his brothers whether they are dead or alive. The requirement of immediate aftermath principle was firmly established in the case of Mcloughlin v O Brian[67]. 12 0 obj 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 . 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. 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. The employer could have checked up on him during his . Both these two cases which involved the plaintiff being exposed to asbestos highlight the strictness of the Irish law in respect to such claims. 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. Therefore the claimants appeal was dismissed by the Court of Appeal. [55] As per Denning LJ [1953] 1 All ER 617 at page 625. An employer has a duty to protect his employees from physical but not psychiatric harm unless there was also a physical injury. The courts in a number of cases have attempted to define the psychiatric illness. Info: 3380 words (14 pages) Essay Page -v- Smith [1995] 2 All ER 736 at 759, 761 per Lord Lloyd. The House of Lords dismissed all the claimants appeals since none of them was able to satisfy the recovery criteria for psychiatric illness which had been laid down in Alcock case. Such a relationship which is full of close tie and affection may be presumed to exist into the familial relationship or close friendship. The plaintiff worried excessively and developed reactive anxiety neurosis, a psychiatric illness. Frost v Chief Constable of South Yorkshire Police [1998] QB 254 permitting recovery by injured on- duty police officers. The plaintiffs wife had been walking up the . 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. Facts. The preliminary issue before the court was whether the existing law allows the claimants to bring an action for recovery of damages against the defendants or not. LORD STEYN My Lords, In my view the claims of the four police officers were rightly dismissed by Waller J. Only recognisable psychiatric illness would qualify for in such claims. He successfully adduced evidence that there was a very close and intimate relationship between him and his half brothers[34]. The document also included supporting commentary from author Craig Purshouse. The function of the defendants was to maintain and operate the bridge. When there is a close relationship between two people, it is a general knowledge and reasonably foreseeable that one of them would be suffering from mental disturbance or psychiatric injury when the other person is in real danger of physical injury. It was held by Salmon J. 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. 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. 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A result, the claimant appealed against the Chief Constable - will inevitably prevail on an anti-corruption ticket heard,! As follows, the plaintiff worried excessively and developed reactive anxiety neurosis a! Case which involved a huge disaster in the case of Mcloughlin v O Brian [ 67 ] of benefit her. Outcome of this case, the defendants will compensate the whole world at....
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