So according to Keiths directions the defenadant was backing his car out and paying attention to him. Held: The general rules restricting the recovery of damages for pure psychiatric harm applied to the plaintiffs claims as employees. [1981] 1 All ER 809. The House considered claims by police officers who had suffered psychiatric injury after tending the victims of the Hillsborough tragedy. Subsequently, breaking news in relation to the disaster was broadcasted over the television as well as radio time to time. 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 . They took the big metal sheet off the bridge and subsequently put that in a pick up van. She suffered serious nervous shock as a result and sued the defendant who was responsible for the accident. Anxiety v stress. . 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. Appeal from - White, Frost and others v Chief Constable of South Yorkshire and others HL 3-Dec-1998. Many of the spectators saw their friends and relatives die in the crush and suffered nervous shock after the incident. The employer could have checked up on him during his . According to the facts and circumstances of the present case, the clamant was not close to the place of the accident who was informed by someone of that after two hours. Firm Rankings. In my opinion, this case illustrates a change of approach in relation to nervous shock recovery. Secondly, C argued that they fell within the ambit of primary victims, and should thus be permitted to succeed with an ordinary claim in negligence. Packenham v Irish Ferries . He was not a rescuer, and nor had . 5th Oct 2021 The Court of Appeal in Frost v Chief Constable of Yorkshire Police [1997] 3 WLR 1194 (by a majority) had held that the police officers who were allowed to recover for their psychiatric illness as a result of carrying out their professional duties as rescuers and/or employees at the disastrous Hillsborough football stadium stampede were classifiable as primary victims. Music has historically been a key player in society and personal life. 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. They could only recover if they were exposed to physical danger as primary victims. Genearlly, the defendants are not liable to the claimants for causing psychiatric injury by means of self inflicted physical injuries. had introduced the Special Rule . We've received widespread press coverage since 2003, Your UKDiss.com purchase is secure and we're rated 4.4/5 on Reviews.io. . In the case of Mcloughlin v O Brian[18], Lord Wilberforce[19] took the view that, the reasonable foreseeability should be the only criteria to determine the defendants liability towards the class of person to whom the duty of care might be owed not to inflict any psychiatric injury through nervous shock sustained by reason of physical injury or peril to another. In order to establish a claim and recover damages for psychiatric illness the secondary victims must satisfy the proximity of relationship[15]. Interestingly, in White v Chief Constable of South Yorkshire Police the plaintiffs ( police officers ) relied on cases such as Dooley v Cammell Laird [1951] 1 Lloyds Rep 271, Galt v British Railways Board [1983] 113 NLJ 870, Wiggs v British Railways Board. Close ties of love and affection was assumed in relation to parent- child and spouse relationships. The apparent injustice of this position has been acknowledged . An action for negligence was brought into the court against the Chief Constable of South Yorkshire Police. During this period in society there was a view that people of strong moral character did not succumb to their emotions. Copyright 2003 - 2023 - LawTeacher is a trading name of Business Bliss Consultants FZE, a company registered in United Arab Emirates. Potential claims of misfeasance in public office and libel might also be considered. /Length 13 0 R Generally, primary victims do not face too many hurdles in order to establish a claim as long as certain tests are satisfied. 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. 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. 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 children had severe head and face injuries, concussion and fractures. 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]. 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 document also included supporting commentary from author Craig Purshouse. [14] Secondary Victims and Nervous Shock by M Dunne (2000) BR 383. [2] Psychiatric Injuries: The present and the Future by 12 Kings Bench walk. Many of the claimants failed in the requirement of proximity of place. It does not merely include the very accident that caused the death or injury to the primary victims but it also includes the immidiate aftermath of the accident[66]. Evidence Law - Admissibility of Evidence Essays. 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. . It was not reasonably foreseeable by the defendant that the claimant would suffer any kind of mental damage in such a way. Frost v Chief Constable of South Yorkshire Police [1997] 3 WLR 1194. Page, was involved in a minor car accident, and was physically unhurt in the collision. Free resources to assist you with your university studies! .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. However, in this case, their Lordship took the similar opinion that, the issue of proximity of relationship should be decided on a case by case basis. Furthermore, the issue of measurability was a concern. 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. In modern times, the issue of liability for nervous shock still remains a contentious issue. The new chief constable of South Yorkshire Police has shared her "incredible pride" at leading the force. It appears to have played an unjustifiably large part in the . However the crash did result in a recurrence of magic encephalomyelitis (Chronic fatigue syndrome) from which he had suffered for 20 years but was then in remission. In this case, notwithstanding the fact that the claimant arrived in to the hospital with a view to see her injured family membrs after two hours, the House of Lords still recognized that as an immediate aftermath. >> The Plaintiff had a pre-existing chronic fatigue syndrome, which manifested itself from time . endstream endobj startxref Note White was known as Frost v. Chief Constable of South Yorkshire Police in the Court of Appeal] LORD GOFF My Lords, These appeals arise from further proceedings following the tragic events which occurred at the Hillsborough Football Stadium in Sheffield on 15 April 1989, when 95 spectators died and hundreds more were injured, one fatally, as . 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. However, subsequently Lord Lloyd in the case of Page v Smith[13]further emphasized upon the distinction between the primary and secondary victims. . Any opinions, findings, conclusions, or recommendations expressed in this dissertation are those of the authors and do not necessarily reflect the views of UKDiss.com. I conclude by wholeheartedly agreeing with Lord Steyns statement that The Law on the recovery of compensation for pure psychiatric harm is a patchwork quilt of distinctions which are difficult to justify and I feel, the cases discussed in this essay clearly support my viewpoint. [50] stated that the present case is not a margianl one. 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 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. Eventually, his doctor prescribed him to take anti-depressant drugs. The Categorisation of Primary and Secondary Victims A. He had returned to work, but again, did . 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. 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. Lord Goff said: because shock in its nature is capable of affecting so wide a range of people, there is a real need for the law to place some limitation upon the extent of admissible claims. Held: The definition of the work expected of him did not justify the demand placed upon him. Hamrook v Stokes Bros (1925) 1 K.B. In this case, Lord Oliver[29] took the view that-Brian Harrison, one of the appellants, lost his two brothers but still failed in his action in spite of his presence in the stadium, because he produced no evidence of close tie of love with his two brothers. Alcock v Chief Constable of South Yorkshire Police [1992] 1 AC 310. (White (Frost) v Chief Constable of S Yorks, pp 500 and 511) The Clinical Negligence cases 1. The courts in a number of cases have attempted to define the psychiatric illness. Suffered nervous shock by M Dunne ( 2000 ) BR 383 for psychiatric! 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