His brother in law and his nephew also had been present in the football ground who was watching the live match from the terrace. The case centred upon the liability of the police for the nervous shock suffered in consequence of the events of the Hillsborough disaster . Evidence Law - Admissibility of Evidence Essays. The Categorisation of Primary and Secondary Victims A. This took place while Robertson was driving the van on a carriageway which was high above the water. There are a number of subsequent case examples where the English courts have adhered to the requirement of close tie of love and affection as established in the Alcock case. IMPORTANT:This site reports and summarizes cases. In the case of bystanders, it is not generally foreseeable by the defendants that such a person would suffer from psychiatric injury. In the case of Brice v Brown[4], hysterical personality disorder was considered to be a psychiatric injury. The Court of Appeal upheld the judgement that was delivered by Boreham J but on different ground. 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. The defendant relied on the decision of the case in Bourhill v Young[48] with a view to support his arguement and stated that the psychiatric injury to the mother was not reasonably foreseeable as she was not within the range of reasonable anticipation. .Cited Salter v UB Frozen Chilled Foods OHCS 25-Jul-2003 The pursuer was involved in an accident at work, where his co-worker died. According to Stephenson LJ[69], although the claimants psychiatric illness was reasonably forseeable by the defendants and they owed a duty of care to the claimant, but it was policy considerations that hampered the claimant from establishing a claim and recover damages for psychiatric illness. The mother was so frightened as soon as she came across the scene. IMPORTANT:This site reports and summarizes cases. 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.. As a result of the negligence of the police department, ninety six spectators died in a massive crash and more than approximately four hundred spectators were severely injured in that accident. 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. 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 Others identified bodies in temporary constructed morgues in the stadium. 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. 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. [27] As per Lord Keith [1992] 1 AC 310 at page 397. 56 Bourhill v YoungAlcock v Chief Constable of South Yorkshire Police [1943] AC 92. The courts in different cases have recognized different type of psychiatric illnesses. Lord Dyson MR felt that damages for psychiatric illness could not be recovered in respect of consequences witnessed months, and . They were police officers who had been subject to unsuccessful proceedings following a shooting of a member of the public by their force. 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. [60]did not agree with the arguments put by the defendant but he agreed with the decision given by Salmon J. 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. 12 White v Chief Constable of South Yorkshire Police ibid. 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. Only full case reports are accepted in court. Free resources to assist you with your university studies! had introduced the Special Rule . Held: The general rules restricting the recovery of damages for . More news from across Yorkshire 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. Finally, after a careful consideration of all the issues, it was held by Cazalet J. Info: 3380 words (14 pages) Essay 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. II. In this case, the claimant-namely Mr. McCarthy also lost his half brother in the Hillsborough disaster. 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! 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 . [58] As per Salmon J. Frost v Chief Constable of South Yorkshire Police [1997] 3 WLR 1194. Sir Cliff Richard OBE V The British Broadcasting Corporation; The Chief Constable Of South Yorkshire Police [2018] EWHC 1837 (Ch) Summary. 3 Frost v Chief Constable of South Yorkshire Police [1997] 3 WLR 1194. The winner - given the power to fire the next chief constable - will inevitably prevail on an anti-corruption ticket. Consequently, Smith was killed as he fell a few feet on to the girder below the carriageway. The children had severe head and face injuries, concussion and fractures. Mentioned Walker v Northumberland County Council QBD 16-Nov-1994 The plaintiff was a manager within the social services department. Criticised Page v Smith HL 12-May-1995 The plaintiff was driving his car when the defendant turned into his path. 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. [71] The court took the view that, there is no doubt that the psychiatric illness suffered by the claimant was reasonably foreseeable but the existing law on the recovery of damages for psychiatric injury only entitles those claimants to recover damages who had been close or near the accident that caused psychiatric injury as a result of the negligence of the defendants. The distinction between primary and secondary victims is well worth noting. 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]. This time the ground for appeal was whether the defendants could have reasonably foreseen the psychiatric illness suffered by the claimants or secondary victims. Both these two cases which involved the plaintiff being exposed to asbestos highlight the strictness of the Irish law in respect to such claims. Page -v- Smith [1995] 2 All ER 736 at 759, 761 per Lord Lloyd. It was argued that the defendants had failed to take adequate precautions to protect the plaintiff. 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 . In Kelly v Hennessy [1995] 3IR.253 CJ Hamilton laid down criteria, which have become the standard test for nervous shock. 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 House of Lords, although divided in as to their reasoning, delivered a judgment in favour of the plaintiff. 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 . . It was agreed between the parties that the only issue was whether they could satisfy the criterion of . [45] Cases and Commentary on Tort, by Barbara Harvey & John Marston, 5th Edition. Cited Best v Samuel Fox and Co Ltd 1952 The court considered liability for injury to secondary victims. The secondary victims must be close to the accident both in terms of time and place. /Length 13 0 R This was an event of 19th October 1973. According to him, the existing law of negligence in relation to psychiatric illness generally recognizes a claim brought by the people who are in a close relationship with the primary victims, but reluctant to allow any claims by the bystanders. However, considering the surrounding circumstances of the present case (King v Phillips), McNair J. 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. That is to say, the secondary victims must establish a close relationship with the primary victims. 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. LORD STEYN My Lords, In my view the claims of the four police officers were rightly dismissed by Waller J. Then she went to see another child and found him unconscious. 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. 2 Alcock v Chief Constable of South Yorkshire Police [1992] 1 AC 310. Held: If a police officer owes a duty of care to . After the disaster took place, the match was abandoned and he started looking for his brothers but couldnt find them out. 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. The court held that the defendant was liable for negligence and allowed the claimant to recover damages for psychaitric illness as the mental injury to the claimant was reasonably foreseeable by the defendant[65]. When the defendant started backing his car out, Keith Keel began to give directions to the defendant from behind the car in order to prevent any collision with the pillar or any other cars. 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 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. Marc Rich & Co AG v Bishop Rock Marine Co Ltd [1995 . [66] Michaell A Jones, Liability for Psychiatric Illness More Principle, Less Subtlety? [1995] 4 Web JCLI. 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. He was a road worker instructed to attend by the defendant immediately after a terrible accident. Therefore the claimants appeal was dismissed by the Court of Appeal. However, subsequently Lord Lloyd in the case of Page v Smith[13]further emphasized upon the distinction between the primary and secondary victims. Pages 14 Course Hero uses AI to attempt to automatically extract content from documents to surface to you and others so you can study better, e.g., in search results, to enrich docs, and more. The House considered claims by police officers who had suffered psychiatric injury after tending the victims of the Hillsborough tragedy. At one stage, the motor lorry started off by itself and went down the incline with a high speed where the claimant left her children playing. 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 defendants car was standing inside the garage and he started backing the car out of the garage. An employer has a duty to protect his employees from physical but not psychiatric harm unless there was also a physical injury. Frost v Chief Constable of South Yorkshire Police [1998] QB 254 permitting recovery by injured on- duty police officers. Having witnessed the accident, the claimant later suffered from post traumatic stress disorder. So, therefore, a secondary victim is someone who suffers from psychiatric illness through the fear of other persons safety or injury. 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. Although, according to the guidelines of television broadcasting, none of the television channels highlighted any scenes that relate to the dying or suffering of the spectators in that disaster[24]. 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. However in relation to claims brought by siblings this close relationship had to be proven by evidence. . So according to Keiths directions the defenadant was backing his car out and paying attention to him. [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. 12 0 obj Regretted Page v Smith HL 12-May-1995 The plaintiff was driving his car when the defendant turned into his path. .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 second issue was- whether the defendant owes a duty of care to the claimant not to inflict any kind of physical injury or harm to himself. Music has historically been a key player in society and personal life. The carriageway was too high that any person fell from that distance would unlikely to survive. All work is written to order. *You can also browse our support articles here >. Published: 21st Jan 2022. We do not provide advice. Potential claims of misfeasance in public office and libel might also be considered. He submitted that the court must take into account the decision given by the House of Lords in the case of Bourhill v Young[59]before reaching its final decision in the present case. 669. . [1] Nicolas N (2002), A Remedy for Nervous Shock or Psychiatric Harm- Who Pays?-Volume 9, Number 4. 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. We've received widespread press coverage since 2003, Your UKDiss.com purchase is secure and we're rated 4.4/5 on Reviews.io. The employer could have checked up on him during his . 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. Is there any liability for self inflicted physical injury which caused the claimants psychiatric illness? 0 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. One of the children had died due to sustaining severe physical injuries almost immediately. 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. Page -v- Smith [1995] 2 All ER 736 at 759, 761 per Lord Lloyd. [51] As per Singleton LJ. Held: Psychiatric injury is a recognised form of personal injury, and no statute . Disclaimer: This essay has been written by a law student and not by our expert law writers. [9] NJ Mullany, Psychiatric damage in the House of Lords- Fourth time Unlucky: Page v Smith (1995) 3 Journal of Law and Medicine 112. 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. 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. Bourhill v Young[49] was a case of Edinborough fishwife who suffered nervous shock as a result of the negligence of the defendant motorcyclist who brought about a collision and made the claimant so upset that she had a miscarriage. In this chapter, I argue that Alcock was an essentially conservative decision, rather than the reactionary one which it is often assumed to have been . Afterwards she went down to the corridor and came across one of her children crying who had fer face cut and discoloured with mud and soil. 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 judge found in favour of ten out of the plaintiffs and against six of them. No plagiarism, guaranteed! 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. However, the defendants appeal was allowed by the Court of Appeal and on the other hand it did not allow the unsuccessful claimants appeal. 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. The claimant further argued that the defendant by causing an accident to the boy negligently had been in breach of his duty and was liable to for all the direct consequences of the breach, no matter if the damage to the claimant was reasonably forseeable or not. On August 18, 1955, the defendant, namely Mr. Sanderson went to the garage along with the claimant and his son for the purpose of collecting his car as they had decided to go out for holiday. He claimed damages from the respondent for contributory negligence of other officers in failing to come to his assistance. 4 policeman (Ps) sued R (chief officer responsible at Hillsborough) for causing them nervous shock through his negligence in allowing the accident to occur. But, it has been seen from some of the above case decisions that, even after satisfying the requirement of proximity of relationship, the court still did not allow the secondary victims claim for psychiatric injury. [41] Kay Wheat (2003) Proximity and Nervous Shock Common Law World Review 32 4 (313). Tel: 0795 457 9992, or email david@swarb.co.uk. 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. The only prudent course is to treat the pragmatic categories as reflected in in authoritative decisions such as the Alcock case and Page v. Smith as settled for the time being, but by and large to leave any expansion or development in this corner of the law to Parliament. It was agreed between the parties that the only issue was whether they could satisfy the criterion of . C brought an action in negligence (and/or breach of statutory duty) against their employer, the Chief Constable of South Yorkshire Police (D), for . Held: Being directly involved, the pursuer was a primary victim, and accordingly not subject to the limits on claiming for . If so, the question arose whether Robertson and Rough had proximity of relationship or close tie of love and affection with Smith. As a result of experiencing such a dreadful event she subsequently suffered severe nervous shock resulting in the form of psychatric illness. The claimant brought an action against the defendant for causing psychiatric injury to him. CJ Keane criticized the logic of distinguishing between psychiatric illnesses resulting from a traumatic event as opposed to suffering grief in its aftermath. In a subsequent case, Packenham v Irish Ferries Limited this principle was upheld and damages were not awarded as there was no recognized psychiatric illness. Held: (Smith LJ dissenting) The . . Appeal from White, Frost and others v Chief Constable of South Yorkshire and others HL 3-Dec-1998 No damages for Psychiatric Harm Alone The House considered claims by police officers who had suffered psychiatric injury after tending the victims of the Hillsborough tragedy. So, it is the secondary victims who are required to prove the fact that he has sustained a psychiatric injury because the person with whom he is in a close relationship has in fact suffered from a severe physical injury. A number of claimants had witnessed the horrific scenes on the television or had been informed by a third party. After that she found her husband injured and covered with mud and oil. They brought an action against their employer for negligently causing psychiatric illness to them. Many of the spectators saw their friends and relatives die in the crush and suffered nervous shock after the incident. . Alcock v Chief Constable of South Yorkshire Police [1992] 1 AC 310. Marital or parental relationship between plaintiff and . Published: 2nd Jul 2019. 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. Lists of cited by and citing cases may be incomplete. He suffered only psychiatric injury. The defendant company had a policy for achieving responsible gambling, . . Rough was also driving another van from a few feet behind the Robersons van. 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]. Held: Where an accident is of a particular . Case summaries. 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]. endstream endobj startxref [71] As per Cumming Bruce LJ. [70] As per Griffith LJ [1981] 1 All ER 809 at page 829. .Cited Rothwell v Chemical and Insulating Co Ltd and Another CA 26-Jan-2006 Each claimant sought damages after being exposed to asbestos dust. 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. Before making any decision, you must read the full case report and take professional advice as appropriate. Two of the claimants found their relatives or friend severely injured whereby one of them had his relative who escaped unhurt. The most recent of which was Frost v The Chief Constable of South Yorkshire which resulted from the Hillsborough tragedy. 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. In those cases the court still allowed the claimants to establish a claim and recover damages for psychiatric injury notwithstanding the fact that the secondary victims were not actually present at the scene of the accident. This essay aims to provide a critical evaluation of the common law duty of care for negligently inflicted nervous shock in the context of the above statement by Lord Steyn. 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