Potential claims of misfeasance in public office and libel might also be considered. However, in this case, it was held by the House of Lords that, none of the appellants were entitled to establish a claim and recover damages for psychiatric illness. Personal Injury, Police, Damages, Negligence, Updated: 11 November 2021; Ref: scu.158976. The boy screamed loud enough and tried to take his foot out the cars wheel by kicking the car with the other foot. Steyn's introductory observations in his speech in R(S) v Chief Constable of the South Yorkshire Police [2004] 1 WLR 2196, which concerned DNA, emphasised the public benefits in law enforcement agencies using new technology at [1]- [2]: "1. Only recognisable psychiatric illness would qualify for in such claims. 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. Page, was involved in a minor car accident, and was physically unhurt in the collision. [29] As per Lord Oliver [1992] 1 AC 310 at page 417. This case document summarizes the facts and decision in Frost (or White) v Chief Constable of South Yorkshire Police [1999] 2 AC 455. 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. The requirement of establishing proximity of relationship with the primary victims is one of the criteria. The claim was rejected by the House of Lords on the basis that none of the claimants could be considered "primary . Published: 21st Jan 2022. He was seriously injured. Case Summary [7] Nervous Shock-when is it compensable? Initially Alcock was not worried about his brother in law as he believed that he would be watching the match from another stand of the stadium which was safe. 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 . Before discussing the above cases, it is essential to give a brief outline of the term nervous shock and its history. The Categorisation of Primary and Secondary Victims A. . In Mcloughlin case, Lord Wilberforce contrasted the closest of family ties, for instance, the relationship between husband and wife and parent and child, with the ordinary bystanders and considered the potential claimants who are entitled to bring an action against the defendants for psychiatric injury. endstream endobj startxref 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. 141. The House of Lords (by a majority) in Page v Smith, enhanced the recovery of the primary victim over the secondary victim. 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]. At that time she was three of four months advanced in pregnancy. 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. 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 . So, after a very careful consideration of the facts and surrounding circumstances, his Lordship dismissed the defendants appeal. [17] took the view that, the mother suffered nervous shock by her own unaided realization of what she had seen with her own eyes, not because of what she learnt from a bystander. .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. [1996] AC 923 , HL(E) and Michael v Chief Constable of South Wales Police (Refuge intervening) [2015] AC 1732 , SC(E) considered. The winner - given the power to fire the next chief constable - will inevitably prevail on an anti-corruption ticket. Cited Hinz v Berry CA 1970 Then plaintiff saw her husband killed and her children injured by a runaway motor car. [55] As per Denning LJ [1953] 1 All ER 617 at page 625. The plaintiff worried excessively and developed reactive anxiety neurosis, a psychiatric illness. . After the disaster took place, the match was abandoned and he started looking for his brothers but couldnt find them out. Interestingly, in this instance, the courts decided that it was not necessary for the plaintiff to actually witness the incident. Byrne v Southern and Western RY .Co. Cazalet J. agreed with the claimant that he meets all the recovery criteria that govern a claim for psychiatric injury sustained by him. He became so upset with his personal life and as a result his marriage life was affected. Take a look at some weird laws from around the world! Copyright 2003 - 2023 - UKDiss.com is a trading name of Business Bliss Consultants FZE, a company registered in United Arab Emirates. The distinction normally made between primary and secondary victims claiming damages for shock in witnessing a terrible event does not apply to employees who were obliged by their contract to be present. He then got really worried and started looking for him around but there was no trace of his brother in law. The claimants alleged that the police constable were responsible for everything who failed to control the crowed and consequently the horrible disaster took place which not only caused the death or injury to the spectators but also caused psychiatric illness to the relatives of the deceased or injured as they were watching or hearing the news of the disasters. 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 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. According to him, in all the psychiatric injury cases, a distinction or classification of the potential claimants is essential. Eventually she died as a result of that injury. Another appellant, namely Mr. Robert Alcock, was present in the stadium and lost his brother in law but still failed in his action as it was not reasonably foreseeable by the defendants that he would suffer psychiatric illness. 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 The injuries were psychiatric, being suffered when they witnessed a crash from the ground. Cited Best v Samuel Fox and Co Ltd 1952 The court considered liability for injury to secondary victims. But, when a bystander of a horrible event suffers from psychiatric injury, it becomes very difficult for him or her to establish a claim and recover damages for psychiatric injury, since such a person is not closely connected to the injured person. According to him it was a matter of common sense that-the defendant while backing his taxicab have not reasonably foreseen any personal injury to the claimant who witnessed an accident and suffered nervous shock from a house some seventy to eighty yards away up a side street. /Length 13 0 R 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. /Filter /LZWDecode [12] Teff, H (1992) Liability for Psychiatric Illness after Hillsborough 12 Oxford Journal of Legal studies 440. 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. Packenham v Irish Ferries . More news from across Yorkshire %%EOF Although the term has been replaced by psychiatric illness but it reflects the approach of the law in such cases[2]. 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]. They claimed that because they were rescuers they should be treated as primary victims. 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. Both cars suffered considerable damage but the drivers escaped physical injury. Taylor v Somerset HA [1993] PIQR P 262 2. Judgement for the case White v Chief Constable of South Yorkshire. [63] Tort Law; Text, Cases and Materials by Jenny Steele 2007. 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. . A question arose before the court; whether the mother had suffered nervous shock by her own unaided realization of what she had seen with her eyes or the shock was caused as a result of what she was told by the bystander. The children had severe head and face injuries, concussion and fractures. Different kinds of harm The horrific events of 15 April 1989 at the . In this instance police officers were seeking compensation on the basis that they had suffered psychiatric illness as a result of rescuing victims after the crush. Kearns J [2003] stated the category of relationships entitled to successfully claim damages for nervous shock should be tightly restricted.. Both these two cases which involved the plaintiff being exposed to asbestos highlight the strictness of the Irish law in respect to such claims. However, an action for psychatric injury was brought by the claimant against the defendant and the owners of the garage[57]. In the case of bystanders, it is not generally foreseeable by the defendants that such a person would suffer from psychiatric injury. Genearlly, the defendants are not liable to the claimants for causing psychiatric injury by means of self inflicted physical injuries. 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. [27] As per Lord Keith [1992] 1 AC 310 at page 397. 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. [14] Secondary Victims and Nervous Shock by M Dunne (2000) BR 383. More news from across Yorkshire 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. 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]. Free resources to assist you with your legal studies! 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. [60]did not agree with the arguments put by the defendant but he agreed with the decision given by Salmon J. The caimant was summoned by the hospital authority in order to see her injured family members. In Page v Smith this distinction was further developed. . The police failed to control crowed at the match. 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. The case Alcock v Chief Constable of Yorkshire Police relates to claims brought by Alcock and several other claimants after the Hillsborough disaster in 1989. Mentioned Walker v Northumberland County Council QBD 16-Nov-1994 The plaintiff was a manager within the social services department. Keywords: rescue; compensation for hillsborough rescuers. Recovery, on the other hand, for a secondary victim is differentiated and is much more restricted. View history. The Plaintiff had a pre-existing chronic fatigue syndrome, which manifested itself from time . The judge found in favour of ten out of the plaintiffs and against six of them. 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. No plagiarism, guaranteed! Page -v- Smith [1995] 2 All ER 736 at 759, 761 per Lord Lloyd. HL dismissed their claims since they were suffering extreme grief, not a psychiatric illness. 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 . . 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. There is indeed a sense of remoteness in this case. 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 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. For a secondary victim to be successful in their claim, they must prove the following: It must be reasonably foreseeable that a person of "normal fortitude" might suffer . [40] Cases and Commentary on Tort, by Barbara Harvey & John Marston, 5th Edition: Publication date 2004. [60] As per Ormerod LJ [1964] 1 W.L.R CA 1317 at page 1320. - 2023 - UKDiss.com is a trading name of Business Bliss Consultants FZE, a company in. 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