Positive/Neutral Judicial Consideration . [65] Cases and Commentary on Tort, by Barbara Harvey & John Marston, 5th Edition. 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. Having heard the scream the father (claimant) rushed into the spot and found his son with his foot trapped by the cars wheel. 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. All work is written to order. l'LCocI2Vp.0c 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. Cazalet J. agreed with the claimant that he meets all the recovery criteria that govern a claim for psychiatric injury sustained by him. 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 Plaintiff had a pre-existing chronic fatigue syndrome, which manifested itself from time . They had watched on television, as their relatives and friends, 96 in all, died at a football match, for the safety of which the defendants were responsible. On the otherhand, the defendant admitted that he was negligent in relation to the accident of the boy but he denied any kind of liability or duty of care towards the claimant as far as her psychiatric injury was concerned. 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 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. The claim was rejected by the House of Lords on the basis that none of the claimants could be considered "primary . %PDF-1.2 L auren Poultney has been confirmed as the next Chief Constable of South Yorkshire Police by the South Yorkshire Police and Crime Commissioner, Dr Alan Billings following approval of the appointment by the South Yorkshire Police and Crime Panel at a meeting in Barnsley today (Friday 11 June 2021).. Ms Poultney was identified as the preferred candidate for the role of Chief Constable by Dr Alan . 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 document also included supporting commentary from author Craig Purshouse. 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 . [25] As per Parker LJ [1991] 3 All ER 88 at 92-94. 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 Chief Constable of South Yorkshire has admitted liability in negligence in respect of the deaths and physical injuries. The facts of this case are as follows, the plaintiff, Mr. 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. hbbd```b`` (dWHI` L`5U e=d} & d"o L@v10?SM 4 The plaintiffs in the case were police officers who suffered psychiatric injury after witnessing the Hillsborough stadium disaster. [69] As per Stephenson LJ [1981] 1 All ER 809 at page 823. . 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.. View history. However, after couple of hours he received a phone call from someone and learnt that both his brothers got killed at the disaster. 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 . Info: 3380 words (14 pages) Essay At the time of the accident, the claimant was at home that was two miles away from the place of the accident. Introduction 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 plaintiff must show that the defendant owed duty of care not to cause the reasonably foreseeable nervous shock. Thus, there could be no duty of care owed to C for purely psychiatric harm, as they were not at any point in any physical danger. In relation to employer/employee relationship and duty of care the courts did not uphold the principles of the above cases. Eventually, at about midnight, having gone to the mortuary he managed to identify the bruising dead body of his brother in law. .Cited Glen and Other v Korean Airlines Company Ltd QBD 28-Mar-2003 The claimant sought damages for personal injuries under the Act. All of them were connected in various ways . It was held by the court that (according to the decision of Bourhill case), the defendant owes no liability towards the claimant although there was a liability in relation to the accident of the boy. If the claimant was a rescuer who went to the aid of others involved in an accident, they will only be defined as a primary victim if they were, or reasonably believed themselves to be, in danger. 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. 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]. 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]. Acting for the Chief Constable of the South Yorkshire Police on the Hillsborough litigation in relation to the Inquests, Alcock (family PTSD claims) and Frost/White (police PTSD claims); Court of Appeal win in Webster v Ellison Circlips on automatic strike out. At common law the secondary victims (like the bystanders or spectators) who suffer psychiatric illness as a result of witnessing a defendant negligently endangering or injuring others who are unrelated to them in love and affection, cannot recover. 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. Music has historically been a key player in society and personal life. Regretted Page v Smith HL 12-May-1995 The plaintiff was driving his car when the defendant turned into his path. had introduced the Special Rule . 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. Open Document. [1953] 1 All ER 617 at page 621. Sir Cliff Richard OBE V The British Broadcasting Corporation; The Chief Constable Of South Yorkshire Police [2018] EWHC 1837 (Ch) Summary. That means, unless and until the court is satisfied that the secondary victim was physically present at the very scene of the accident along with the other two requirements then a claim for psychiatric illness will unlikely to be allowed[41]. 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 Supreme Courts decision was to disallow recovery as there was no more than a remote risk of contracting a disease. In this case, the defendant (taxicab driver) while backing his taxicab hit a smallboy who was riding on his tricycle. 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. [19] As per Lord Wilberforce [1883] 1 A.C. 410 at Page 411. . 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. [36] As per Lord Hope [1995]S. C at page 364. It appears in analysing this case that the House of Lords were conscious of the judgment made in the Alcock case. There was a fear that it would be difficult for the courts to distinguish between a genuine claim and a fictitious claim, and also the fear that if one person recovered, this would in turn lead to a possible floodgate of claims. [58] that the defendant was in breach of his duty of reasonable care and the claimants were entitled to recover damages. After a long examination of the case law by several of their Lordships, the three control 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. Generally, nervous shock is a term which has been used by lawyers. The . The defendants resisted saying that the injury alleged, the development of pleural plaques, was yet insufficient as damage to found a claim. After the disaster took place, the match was abandoned and he started looking for his brothers but couldnt find them out. [1999] 2 AC 455. 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 . The distinction between primary and secondary victims is well worth noting. 669. .Cited Taylor v A Novo (UK) Ltd CA 18-Mar-2013 The deceased had suffered a head injury at work from the defendants admitted negligence. To export a reference to this article please select a referencing stye below: Mental Health relates to the emotional and psychological state that an individual is in. II. So, in this situation- Singleton LJ. Case summaries. 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. Mentioned Walker v Northumberland County Council QBD 16-Nov-1994 The plaintiff was a manager within the social services department. 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 . 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. The defendants car was standing inside the garage and he started backing the car out of the garage. Hall v gwent healthcare nhs trust 2004 qb c hall was. In the present case, the claimants family members including her husband and three children had a severe road accident. It was agreed between the parties that the only issue was whether they could satisfy the criterion of . Subsequently, she learnt from a bystander that one of her children have sustained injury by that running motor lorry. Held: (Smith LJ dissenting) The . Many of the claimants failed in the requirement of proximity of place. 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 . 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. The plaintiffs sought damages for nervous shock. 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. .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. We and our partners share information on your use of this website to help improve your experience. This chapter considers the landmark decision in Alcock v Chief Constable of South Yorkshire Police [1992] 1 AC 310 concerning liability for psychiatric injury, or 'nervous shock'. Lord Oliver[30] thought that, Mr. Brians action failed not only because he could not provide with evidence of close tie of love and affection but also because the perception of the shocking event was gradual as opposed to the sudden appreciation by sight or sound of a horrifying event. Cited Hinz v Berry CA 1970 Then plaintiff saw her husband killed and her children injured by a runaway motor car. 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 facts of this case are, on the 19th October 1973, a friend came to the claimants house to tell her of a serious accident involving her husband and three children, two hours after it had occurred. 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 . 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. Mental Health of Adolescent and Young Adult Cancer Survivors. [1992] 1 AC 310 Lord . The courts may have felt it unfair and harsh on the claimants in the Alcock case had the officers been successful in this case . . Published: 21st Jan 2022. 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]. The father subsequently suffered nervous shock as a result of witnessing the accident. 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. .Cited Barber v Somerset County Council HL 1-Apr-2004 A teacher sought damages from his employer after suffering a work related stress breakdown. The House of Lords ' Cases In any action for damages in the tort of negligence, the plaintiff has to (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. 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 married mother-of-one began her policing career in 1998 with Humberside Police and joined South Yorkshire Police in 2017 as Assistant Chief Constable. 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 . Copyright 2003 - 2023 - UKDiss.com is a trading name of Business Bliss Consultants FZE, a company registered in United Arab Emirates. Both the judgements given by Stephenson and Griffith LJ was appreciated and therefore agreed by Cumming-Bruce LJ. 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. Registered office: Creative Tower, Fujairah, PO Box 4422, UAE. White v Chief Constable of the Yorkshire Police [1998] 3 WLR 1509. Abstract. .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. 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). 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. Although the boy arrived home eventually but his mother suffered from a nervous shock[45]. 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. [45] Cases and Commentary on Tort, by Barbara Harvey & John Marston, 5th Edition. They used to walk to and from their workplace quite frequently. The Court of Appeal (by a majority) found in favour of all but one of the officers. But the fact of the present case must be considered in accordance with the decision of Bourhill v Young[54] where the House of Lords provided the test-if the defendant have reasonably foreseen any damage to the claimant then he owes a duty of care and liable for negligently causing personal damage. 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. 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. [71] As per Cumming Bruce LJ. Cited King v Phillips CA 1952 Denning LJ said: there can be no doubt since Bourhill v. Young that the test of liability for shock is foreseeability of injury by shock. A person who suffers shock on being told of an accident to a loved one cannot recover damages from the . 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. The requirement of establishing proximity of relationship with the primary victims is one of the criteria. 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, there was a rebuttable presumption that, in some cases, the close tie of love may exist between the engaged couples which might be even stronger than that of the married couples. The father immediately started helping his son to release his trapped foot out. As soon as she arrived to the hospital, she was informed that her youngest daughter was killed. [63] Tort Law; Text, Cases and Materials by Jenny Steele 2007. 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. 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. 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. [24] Cases and Commentary on Tort, by Barbara Harvey & John Marston, 5th Edition. 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. X (Adopted Child: Access To Court File): FC 9 Sep 2014, Frost and Others v Chief Constable of South Yorkshire and Others, Alcock and Others v Chief Constable of South Yorkshire Police, Overseas Tankship (UK) Ltd v Morts Dock and Engineering Co Ltd (The Wagon Mound No 1), Glen and Other v Korean Airlines Company Ltd, Mullaney v Chief Constable of West Midlands Police, McLoughlin v Jones; McLoughlin v Grovers (a Firm), Campbell v North Lanarkshire Council and Scottish Power Plc, Rothwell v Chemical and Insulating Co Ltd and Another, Waters v Commissioner of Police for the Metropolis, French and others v Chief Constable of Sussex Police, Johnston v NEI International Combustion Ltd; Rothwell v Chemical and Insulating Co Ltd; similar, Zurich Insurance Plc UK Branch v International Energy Group Ltd, Paul and Another v The Royal Wolverhampton NHS Trust, James-Bowen and Others v Commissioner of Police of The Metropolis, British Airways Plc v British Airline Pilots Association: QBD 23 Jul 2019, Wright v Troy Lucas (A Firm) and Another: QBD 15 Mar 2019, Hayes v Revenue and Customs (Income Tax Loan Interest Relief Disallowed): FTTTx 23 Jun 2020, Ashbolt and Another v Revenue and Customs and Another: Admn 18 Jun 2020, Indian Deluxe Ltd v Revenue and Customs (Income Tax/Corporation Tax : Other): FTTTx 5 Jun 2020, Productivity-Quality Systems Inc v Cybermetrics Corporation and Another: QBD 27 Sep 2019, Thitchener and Another v Vantage Capital Markets Llp: QBD 21 Jun 2019, McCarthy v Revenue and Customs (High Income Child Benefit Charge Penalty): FTTTx 8 Apr 2020, HU206722018 and HU196862018: AIT 17 Mar 2020, Parker v Chief Constable of the Hampshire Constabulary: CA 25 Jun 1999, Christofi v Barclays Bank Plc: CA 28 Jun 1999, Demite Limited v Protec Health Limited; Dayman and Gilbert: CA 24 Jun 1999, Demirkaya v Secretary of State for Home Department: CA 23 Jun 1999, Aravco Ltd and Others, Regina (on the application of) v Airport Co-Ordination Ltd: CA 23 Jun 1999, Manchester City Council v Ingram: CA 25 Jun 1999, London Underground Limited v Noel: CA 29 Jun 1999, Shanley v Mersey Docks and Harbour Company General Vargos Shipping Inc: CA 28 Jun 1999, Warsame and Warsame v London Borough of Hounslow: CA 25 Jun 1999, Millington v Secretary of State for Environment Transport and Regions v Shrewsbury and Atcham Borough Council: CA 25 Jun 1999, Chilton v Surrey County Council and Foakes (T/A R F Mechanical Services): CA 24 Jun 1999, Oliver v Calderdale Metropolitan Borough Council: CA 23 Jun 1999, Regina v Her Majestys Coroner for Northumberland ex parte Jacobs: CA 22 Jun 1999, Sheriff v Klyne Tugs (Lowestoft) Ltd: CA 24 Jun 1999, Starke and another (Executors of Brown decd) v Inland Revenue Commissioners: CA 23 May 1995, South and District Finance Plc v Barnes Etc: CA 15 May 1995, Gan Insurance Company Limited and Another v Tai Ping Insurance Company Limited: CA 28 May 1999, Thorn EMI Plc v Customs and Excise Commissioners: CA 5 Jun 1995, London Borough of Bromley v Morritt: CA 21 Jun 1999, Kuwait Oil Tanker Company Sak; Sitka Shipping Incorporated v Al Bader;Qabazard; Stafford and H Clarkson and Company Limited; Mccoy; Kuwait Petroleum Corporation and Others: CA 28 May 1999, Worby, Worby and Worby v Rosser: CA 28 May 1999, Bajwa v British Airways plc; Whitehouse v Smith; Wilson v Mid Glamorgan Council and Sheppard: CA 28 May 1999. 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