frost v chief constable of south yorkshirefrost v chief constable of south yorkshire

The court took the view that, none of the claimants were entitled to recover damages for psychiatric illness. In support of my opinion I will discuss and analyse the outcomes of a number of relevant law cases, namely, Dulieu v White and Son[1901]2 KB 669 , Hambrook v Stoke Bros [1925] 1 KB 141, McLoughlin v O Brian (1983) AC 410 310 AT 407, Alcock -v- The Chief Constable of South Yorkshire [1992] 1 AC 310, Page -v- Smith [1995] 2 All ER 736 AT 759, 761 per Lord Lloyd, White v The Chief Constable of South Yorkshire Police[1992]1 AC.310. 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. The defendants admitted their negligence but also argued that the nervous shock suffered by the mother was too remote. endstream endobj startxref 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. [1999] 2 AC 455. As far as the secondary victims claim for psychiatric illness is concerned, Lord Keith[27] in this case took the opinion that- he must establish a close tie of love and affection with the primary victim. .if(typeof ez_ad_units != 'undefined'){ez_ad_units.push([[250,250],'swarb_co_uk-medrectangle-4','ezslot_4',113,'0','0'])};__ez_fad_position('div-gpt-ad-swarb_co_uk-medrectangle-4-0'); Lists of cited by and citing cases may be incomplete. 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 . The courts in different cases have recognized different type of psychiatric illnesses. The issue of communication by television was raised but not adequately dealt with. l'LCocI2Vp.0c The law on recovery of damages for psychiatric illness is entirely based on common law. 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. In this instance, mental illness was accompanied by a physical trauma i.e. 1 . 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 . They said that the defendants negligent treatment allowed the attack to take place. Courts must therefore act in company and not alone. To satisfy physical proximity to the accident or its immediate aftermath might be considered as another major obstacle for the secondary victims where there is an issue of establishing a claim for the psychiatric illness. He claimed damages from the respondent for contributory negligence of other officers in failing to come to his assistance. One of the children had died due to sustaining severe physical injuries almost immediately. Due to his death, Rough was also very distressed which resulted in a psychiatric illness. Introduction 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. Such cases highlight to me, that recovery for damages relating to nervous shock, is probably one of the most controversial and complex areas of modern law. The distinction between primary victim and secondary victim was made in the Alcock v Chief Constable of South Yorkshire Police, where all claimants were secondary victims. She suffered nervous shock that affected her pregnancy and caused her injury. He further considered that, such a proximity relationship or close tie of love and affection might exist between the family members or friends. 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. 2 claims. 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. In other words psychiatric shock was to be treated as direct personal injury. 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. . Mental Health can have a positive or negative impact on our behaviour, decision-making, and actions, as well as our general health and well-being. The new chief constable of South Yorkshire Police has shared her "incredible pride" at leading the force. . 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. 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. The presence of such plaques were symptomless, and would not themselves cause other asbestos related disease, but . 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. 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. 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 . The present law in this area seems to be very rigid and restrictive for the secondary victims. 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) . [29] As per Lord Oliver [1992] 1 AC 310 at page 417. 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 . II. In the case of Brice v Brown[4], hysterical personality disorder was considered to be a psychiatric injury. They would allow claims for pure psychiatric damage by mere bystanders: see (1997) 113 LQR 410, 415. More news from across Yorkshire The term is used to describe psychiatric injury or illness which is caused by the defendant. 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. .Cited McLoughlin v Jones; McLoughlin v Grovers (a Firm) CA 2002 In deciding whether a duty of care is established the court must go to the battery of tests which the House of Lords has taught us to use, namely: . Registered office: Creative Tower, Fujairah, PO Box 4422, UAE. He continued that, the claimants nervous shock was too remote as a head of damage. Any opinions, findings, conclusions, or recommendations expressed in this material are those of the authors and do not reflect the views of LawTeacher.net. So, finally, the House of Lord dismissed the appeal made by the claimant. The judge found in favour of ten out of the plaintiffs and against six of them. So, therefore, a secondary victim is someone who suffers from psychiatric illness through the fear of other persons safety or injury. The children had severe head and face injuries, concussion and fractures. >> 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. was reluctant to interfere with the findings of the court and agreed with the decision given by McNair J. In this case, the claimant-namely Mr. McCarthy also lost his half brother in the Hillsborough disaster. At that time she was three of four months advanced in pregnancy. Is there any liability for self inflicted physical injury which caused the claimants psychiatric illness? In 1997, the claimant initiated an action for psychiatric illness against the defendant. Only full case reports are accepted in court. Having heard the scream the father (claimant) rushed into the spot and found his son with his foot trapped by the cars wheel. complexities encountered by the court in Frost in applying the principles laid down by Alcock v Chief Constable of the South Yorkshire Police14 and Page v Smith15 are also highlighted. You should not treat any information in this essay as being authoritative. Section A The codification of directors duties was an unnecessary step. Essays, case summaries, problem questions and dissertations here are relevant to law students from the United Kingdom and Great Britain, as well as students wishing to learn more about the UK legal system from overseas. u $VnI=vJ--EmC\A$2Tat9iamg~>k,H7^V TJ=7jdv'6M:c 7c{}N8o}~p7k;? Held: The definition of the work expected of him did not justify the demand placed upon him. 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. The Chief Constable of South Yorkshire has admitted liability in negligence in respect of the deaths and physical injuries. The House of Lords in White v Chief Constable of South Yorkshire Police clarified that rescuers are not a special category of primary victim. [58] that the defendant was in breach of his duty of reasonable care and the claimants were entitled to recover damages. .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. 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. Subsequently, she learnt from a bystander that one of her children have sustained injury by that running motor lorry. Firstly shock had to occur as a result of what the plaintiff witnessed from his / her unaided senses .This required that the plaintiffs be close to the event. 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. 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. %PDF-1.2 As a result, the law in this area seems to be complex as well as inconsistent. foreseeability of psychiatric shock needed to be considered. All of the aforementioned cases demonstrate clearly that claims relating to nervous shock are indeed highly complex and, in my opinion, some of the outcomes seriously flawed. In this case, he categorized the victims in a psychiatric injury cases in to two main . 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 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. Open Document. IMPORTANT:This site reports and summarizes cases. 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. Having heard the boys scream the claimant rushed there and saw the accident which caused psychiatric injury to him. 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. . Only Parliament could take such a step. Whether a person is to be regarded as a rescuer will be a question of fact to be decided on the . 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 All work is written to order. [51] As per Singleton LJ. 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. Difficult point of law about the circumstances in which a defendant who owes a duty of care . 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. 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. Held: The claim failed: these claimants have no . 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. Nor is any duty of care owed to a rescuer lacking ordinary courage. Download Citation | Frost (or White) v Chief Constable of South Yorkshire Police [1999] 2 AC 455 | Essential Cases: Tort Law provides a bridge between course textbooks and key case judgments. 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. We've received widespread press coverage since 2003, Your UKDiss.com purchase is secure and we're rated 4.4/5 on Reviews.io. . Frost v Chief Constable of South Yorkshire Police [1999] 2 AC 455 at 500. . . %%EOF The defendants car was standing inside the garage and he started backing the car out of the garage. He brought an action for negligently inflicted psychiatric illness against the defendants. 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. The second solution is to abolish all the special limiting rules applicable to psychiatric harm. Info: 9733 words (39 pages) Dissertation 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 father subsequently suffered nervous shock as a result of witnessing the accident. ]S+ dfEOP 5mr'%G-X5aD)N>M%X/sVXRGt-sVm]^ciARbDwfmB!%xDh \HKPjMQ7h{,jSZ 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. 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". Many of the claimants witnessed horrific images and scenes of carnage on the television . Genearlly, the defendants are not liable to the claimants for causing psychiatric injury by means of self inflicted physical injuries. However, considering the surrounding circumstances of the present case (King v Phillips), McNair J. His employers had refused to provide the increased support he requested. N>7>@s!z9@-w9Hy^O1? M:fXxKGkYqLfX A Ai>|N_*HbOsu.7B ovRl-#GQcLXH`{70l191X?@j`P02:vKX @9E. 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]. Employment > Health and safety; 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. 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. His widow claimed in nervous shock, saying that it had eventually led to his own death. [12] Teff, H (1992) Liability for Psychiatric Illness after Hillsborough 12 Oxford Journal of Legal studies 440. Such a duty of care must be aplied to everyone in the vicinity particularly to a mother who had the fear for psysical safety to her children. We do not provide advice. View history. In this case, he categorized the victims in a psychiatric injury cases in to two main categories- the primary and secondary victims. 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. 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. This case document summarizes the facts and decision in Frost (or White) v Chief Constable of South Yorkshire Police [1999] 2 AC 455. 3 Frost v Chief Constable of South Yorkshire Police [1997] 3 WLR 1194. No issues of. 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. The plaintiff, Mr Smith was deemed to be a primary victim, since he was involved in the accident and risked personal injury. Anxiety v stress. *You can also browse our support articles here >. Held: Psychiatric injury is a recognised form of personal injury, and no statute . Therefore the claimants appeal was dismissed by the Court of Appeal. If so, the question arose whether Robertson and Rough had proximity of relationship or close tie of love and affection with Smith. Both the judgements given by Stephenson and Griffith LJ was appreciated and therefore agreed by Cumming-Bruce LJ. 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 boy screamed loud enough and tried to take his foot out the cars wheel by kicking the car with the other foot. Also the plaintiff had to establish that the nervous shock caused by the accident, resulted from her fear for her own safety. 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. So, in this situation- Singleton LJ. Page, was involved in a minor car accident, and was physically unhurt in the collision. The appellants who had been present at the stadium during the match but failed in their action because they could not establish the fact that the primary victims were sufficiently close to them. 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. The floodgates argument may be a possible reason for this. But, according to the facts of the present case, the defendant had the knowledge that the claimant was not far away from the place of the accident, so therefore it was reasonably forseeable by the defendant that the father would be shocked after witnessing the accident in which his little son was involved. 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 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. Generally, primary victims do not face too many hurdles in order to establish a claim as long as certain tests are satisfied. Facts. Then she went to see another child and found him unconscious. .Cited Glen and Other v Korean Airlines Company Ltd QBD 28-Mar-2003 The claimant sought damages for personal injuries under the Act. A number of claimants had witnessed the horrific scenes on the television or had been informed by a third party. Do you have a 2:1 degree or higher? 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 House of Lord were thus called upon to revisit the distinction between primary and secondary victims set out in Alcock v Chief Constable of South Yorkshire ([1992] 1 AC 310). Having studied this case, I feel it is significant for a number of reasons. 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. [1992] 1 AC 310 Lord . 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. where the rescuer may not have been in physical danger but was awarded damages due to his putting himself in the 'zone of danger', after the event. .Considered Campbell v North Lanarkshire Council and Scottish Power Plc SCS 30-Jun-1999 . Held: The general rules restricting the recovery of damages for pure psychiatric harm applied to the . [63] Tort Law; Text, Cases and Materials by Jenny Steele 2007. The Supreme Courts decision was to disallow recovery as there was no more than a remote risk of contracting a disease. 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Chief Constable of South Yorkshire has admitted liability in negligence in respect of the present case ( King v )! Genearlly, the House of Lords in White v Chief Constable of South Yorkshire clarified. To be regarded as a head of damage defendants negligent treatment allowed the attack to take place Oxford. Information in this case, the question arose whether Robertson and Rough had proximity of relationship close! The plaintiff had to establish that the nervous shock as a result of witnessing the accident, from! Horrific images and scenes of carnage on the television or had been informed by a physical trauma.... Contracting a disease { } N8o } ~p7k ; resulted from her fear for her own safety about the in! To come to his death, Rough was also very distressed which resulted a... Negligent treatment allowed the attack to take place * HbOsu.7B ovRl- # `! Witnessed horrific images and scenes of carnage on the which is caused by the sought... 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