[1999] 2 AC 455. It appears in analysing this case that the House of Lords were conscious of the judgment made in the Alcock case. . The case centred upon the liability of the police for the nervous shock suffered in consequence of the events of the Hillsborough disaster . The court took the view that, none of the claimants were entitled to recover damages for psychiatric illness. 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. 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. !L The defendants resisted saying that the injury alleged, the development of pleural plaques, was yet insufficient as damage to found a claim. . About after two hours she was informed by a neighbour of the road accident in which her family members were involved. 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. 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 . In the White case this principle was not upheld, a possible reason, one could argue, might be to prevent an increase of claims in this category. 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. The father immediately started helping his son to release his trapped foot out. Employment > Health and safety; However, they did not fulfill a number of criteria (Wilberforce test as in previous case). His employers had refused to provide the increased support he requested. CJ Keane criticized the logic of distinguishing between psychiatric illnesses resulting from a traumatic event as opposed to suffering grief in its aftermath. He argued that, in Bourhills case, the fishwife was not entitled to recover damages for psychiatric illness since she did not see the actual accident at the time it took place but only saw the outcome of it afterwards. 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! This was a case which involved a huge disaster in the Hillsborough football stadium[23]. .Cited Calvert v William Hill Credit Ltd ChD 12-Mar-2008 The claimant said that the defendant bookmakers had been negligent in allowing him to continue betting when they should have known that he was acting under an addiction. 1194. [17] As per Mr. Bankes, Atkin and Sargant L.JJ [1925] 1 K.B 141 at page 142. He had known Smith just as a colleague for few years. Marital or parental relationship between plaintiff and . When faced with these two decisions, one can't help but recall the comment of Lord Steyn in Frost v Chief Constable of South Yorkshire [1992] 2 AC 455 (at 511), who considered that "the search for principle was called off in Alcock". 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) . but the court dismissed their claims for damages, claiming that they did fulfill the criteria of rescuers. As the original inquest verdicts are reviewed, arguably the case of Hicks v Chief Constable of South Yorkshire Police [1992] 2 All ER should be revisited due to fresh inquest evidence on time of deaths. 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]. Moreover, a rescuer in relation to whom physical injury was not reasonably foreseeable could not recover damages for psychiatric injury sustained by witnessing, or participating in the aftermath of, an accident which had caused death or injury to others; such rescuers were to be categorised as secondary victims, and so would have to meet the conditions specified by Lord Oliver in Alcock. In the Irish context, a different policy approach has been adopted and it appears to be more difficult to recover damages in relation to nervous shock , the strict criteria which have been laid down clearly demonstrate this viewpoint. Case Summary 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. However, subsequently Lord Lloyd in the case of Page v Smith[13]further emphasized upon the distinction between the primary and secondary victims. %PDF-1.2 [34] Cases and Commentary on Tort, by Barbara Harvey & John Marston, 5th Edition. Lord Dyson MR felt that damages for psychiatric illness could not be recovered in respect of consequences witnessed months, and . Frost and Others v Chief Constable of South Yorkshire Police and Others (1996) The Times, 6 November, CA . Therefore the claimants appeal was dismissed by the Court of Appeal. 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. So, it was held by the court that the claimant was entitled to recover damages even though she suffered psychiatric illness through the fear of her childrens safety, not through the fear of her own physical injury or safety. 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. In this instance, mental illness was accompanied by a physical trauma i.e. 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 . swarb.co.uk is published by David Swarbrick of 10 Halifax Road, Brighouse, West Yorkshire, HD6 2AG. [58] As per Salmon J. 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. Facts. If you are the original writer of this dissertation and no longer wish to have your work published on the UKDiss.com website then please: Our academic writing and marking services can help you! . Held: The claim failed: these claimants have no . So according to Keiths directions the defenadant was backing his car out and paying attention to him. Only recognisable psychiatric illness would qualify for in such claims. It was agreed between the parties that the only issue was whether they could satisfy the criterion of . 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. Registered office: Creative Tower, Fujairah, PO Box 4422, UAE. 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 . 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. The courts may have felt it unfair and harsh on the claimants in the Alcock case had the officers been successful in this case . Hall v gwent healthcare nhs trust 2004 qb c hall was. Firm Rankings. 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 In order for the claimant to successfully recover compensation the court needs to consider an amalgam of rules and exceptions as . The House of Lords, although divided in as to their reasoning, delivered a judgment in favour of the plaintiff. He suffered a mental breakdown in 1986, and had four months off work. Top Tier Firm Rankings. reversed Court of Appeal decision in Frost v Chief Constable of South Yorkshire [1997] 1 All ER 540, which found Ps were primary victims as rescuers; The Plaintiff had a pre-existing chronic fatigue syndrome, which manifested itself from time . His Lordship further continued that, the present case is distinguishable from the case of King v Phillips[61]. Abstract. Before making any decision, you must read the full case report and take professional advice as appropriate. 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. 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 . As a result of experiencing such a dreadful event she subsequently suffered severe nervous shock resulting in the form of psychatric illness. Held: If a police officer owes a duty of care to . View examples of our professional work here. Alcock and ors v Chief Constable of South Yorkshire Police [1992] 1 A.C. 310 As is well known, the case of Alcock involved claims by those who witnessed the death of their loved ones in the Hillsborough disaster of 1989. 223 0 obj <>stream They would allow claims for pure psychiatric damage by mere bystanders: see (1997) 113 LQR 410, 415. Finally, the secondary victim is required to satisfy the court that his psychiatric illness was a direct result of witnessing or hearing of the traumatic event or its immediate aftermath[26]. Accordingly, in the case of Robertson and Rough v Forth Road Bridge Joint Board[35], the claimants brought an action against the defendants for a horrible disaster that took place on the Forth Road Bridge. [23] Davie M (1992) Negligently Inflicted Psychiatric Illness: The Hillsborough Case in the House of Lords 43 Northern Ireland Legal Quarterly 237. It appears to have played an unjustifiably large part in the . 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. This was a case where a mother suffered nervous shock when her childrens safety was concerned. The police failed to control crowed at the match. 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 Court of Appeal's judgment has been discussed at some length by the present authors in an earlier article, "Nervous Shock, Rescuers and Employees - Primary or Secondary Victims?" [1998] SLJS 121. 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. 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. 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. 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. hbbd```b`` (dWHI` L`5U e=d} & d"o L@v10?SM 4 The English law of negligence in relation to nervous shock or psychiatric illness is often considered as unfair and unsatisfactory by the defendants, claimants and even by the judges. Generally, primary victims do not face too many hurdles in order to establish a claim as long as certain tests are satisfied. It was held by the court that the claimant was entilted to establish a claim and recover damages for psychitaric injury as it was reasonably foreseeable by the defendant[63]. Do you have a 2:1 degree or higher? 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. Anxiety v stress. The plaintiff must show that the defendant owed duty of care not to cause the reasonably foreseeable nervous shock. 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 . Nervous shock is a term used in English law to denote psychiatric illness or injury inflicted upon a person by intentional or negligent actions or omissions of another. The 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. 2819 Words. 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. He was told however that the risk was very remote. 2 Alcock v Chief Constable of South Yorkshire Police [1992] 1 AC 310. Take a look at some weird laws from around the world! The accident took place when the victims car collided with the defendants lorry which was itself collided with another lorry. 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. Due to his death, Rough was also very distressed which resulted in a psychiatric illness. The unsuccessful claimants made a cross appeal to the Court of Appeal against the judges decision whereby the defendants also appealed against the ten successful claimants. The court further considered the issue if both the claimants suffered nervous shock as a result of witnessing the accident. *You can also browse our support articles here >. However, considering the surrounding circumstances of the present case (King v Phillips), McNair J. The father subsequently suffered nervous shock as a result of witnessing the accident. endstream endobj startxref However, an action was brought by the mother for psychiatric injury against the defendant. The claim was rejected by the House of Lords on the basis that none of the claimants could be considered "primary . Copyright 2003 - 2023 - LawTeacher is a trading name of Business Bliss Consultants FZE, a company registered in United Arab Emirates. However, in this case, Lord Hope[36] adopted the explanation given by Lord Oliver in Alcock and held that, since there was no sufficient close tie of love between the claimants and the deceased, so therefore the claimants were not entitled to establish a successful claim for psychiatric illness. 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 psychiatric harm they had suffered as a result of witnessing the tragedy first-hand. Recovery, on the other hand, for a secondary victim is differentiated and is much more restricted. Eventually, his doctor prescribed him to take anti-depressant drugs. The courts in a number of cases have attempted to define the psychiatric illness. Kirsty Horsey, Erika Rackley, Tort Law, 6th edn, (OUP, 2019) 210. 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. Lord Morton of Henryton: it has never been the law of England that an invitor, who has negligently but unintentionally injured an invitee, is liable to compensate other persons who . Page -v- Smith [1995] 2 All ER 736 at 759, 761 per Lord Lloyd. . As a result, the law in this area seems to be complex as well as inconsistent. Baker v Bolton [1808] EWHC KB J92. The House considered claims by police officers who had suffered psychiatric injury after tending the victims of the Hillsborough tragedy. Both these two cases which involved the plaintiff being exposed to asbestos highlight the strictness of the Irish law in respect to such claims. 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. Held: . 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. Cited Hinz v Berry CA 1970 Then plaintiff saw her husband killed and her children injured by a runaway motor car. The court allowed the claims of Mr. McCarthy as he satisfied the Alcock criteria for recovery of claims for psychiatric illness. The boy screamed loud enough and tried to take his foot out the cars wheel by kicking the car with the other foot. 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]. [7] Nervous Shock-when is it compensable? [9] NJ Mullany, Psychiatric damage in the House of Lords- Fourth time Unlucky: Page v Smith (1995) 3 Journal of Law and Medicine 112. At the time of the accident, the claimant was at home that was two miles away from the place of the accident. Fletcher v Commissioners for Public Works [2003] 2 I.L.R.M.94. 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 . 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. [15] Kay Wheat (2003) Proximity and Nervous Shock Common Law World Review 32 4 (313). [40] Cases and Commentary on Tort, by Barbara Harvey & John Marston, 5th Edition: Publication date 2004. l'LCocI2Vp.0c 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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