frost v chief constable of south yorkshire

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. A rescuer or an employee suffering such psychiatric illness is also classified as a secondary victim (unless they are themselves endangered in the event). 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. This chapter considers the landmark decision in Alcock v Chief Constable of South Yorkshire Police [1992] 1 AC 310 concerning liability for psychiatric injury, or 'nervous shock'. The court took the view that, none of the claimants were entitled to recover damages for psychiatric illness. %%EOF 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. .Cited French and others v Chief Constable of Sussex Police CA 28-Mar-2006 The claimants sought damages for psychiatric injury. The case for such a course has been argued by Professor Stapleton. By Christopher Gardner, QC, Lamb Chambers. Both of them used to go out for drink once a week. The best example is Boardman and Another v Sanderson and Another[56]. A live television broadcast of that match was running from the ground. The court allowed the claims of Mr. McCarthy as he satisfied the Alcock criteria for recovery of claims for psychiatric illness. [40] Cases and Commentary on Tort, by Barbara Harvey & John Marston, 5th Edition: Publication date 2004. However, during the journey, a very strong wind thrown the metal sheet and Smith away while he was sitting on top of it. Both cars suffered considerable damage but the drivers escaped physical injury. So, however, in the light of the above case decisions it has been obvious that the secondary victim must establish proximity of relationship or close tie of love and affection in order to establish a claim for psychiatric illness. 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 claimants were secondary victims. As soon as she arrived to the hospital, she was informed that her youngest daughter was killed. [1999] 2 AC 455. He was seriously injured. hbbd```b`` (dWHI` L`5U e=d} & d"o L@v10?SM 4 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. While backing his car out of the garage, the defendant ran over the feet of the little boy which caused him injuries. The term is used to describe psychiatric injury or illness which is caused by the defendant. [50] As per McNair J. A large tower was constructed in the Docklands area of East London which now goes by the name of One Canada Square Capacity and Medical Consent. 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. Firm Rankings. miscarriage. This principle was later applied in Alcock v Chief Constable of South Yorkshire Police. [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. However, subsequently Lord Lloyd in the case of Page v Smith[13]further emphasized upon the distinction between the primary and secondary victims. The second solution is to abolish all the special limiting rules applicable to psychiatric harm. In my opinion, this case illustrates a change of approach in relation to nervous shock recovery. The courts both in England and Ireland have endeavoured to limit the scope of liability for psychiatric illness, by establishing a set of criteria that a claimant/s must fulfil in order to be entitled to compensation. Although the policy of the court seems to pose a substantial barrier or obstacle to the success of claims of this sort, but the court has justified this policy by showing an intention to restrict wide range of potential claimants who can bring successful action. According to Lord Ackner[28], if the secondary victim is a distant relative then the only way he can establish a claim is by means of showing a very close or intimate relationship with the primary victims which can be compared with the normal relationship between spouses or parent and children. That means, unless and until the court is satisfied that the secondary victim was physically present at the very scene of the accident along with the other two requirements then a claim for psychiatric illness will unlikely to be allowed[41]. So, according to the decision given by the House of Lords in this case, the court will only allow the secondary victims to establish a claim and recover damages for psychiatric illness if the following three elements are satisfied by the claimants. The claimant brought an action against the defendant for causing psychiatric injury to him. This was a test case . Although there was a big age difference between them but they had been working together for many years. 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. However in relation to claims brought by siblings this close relationship had to be proven by evidence. The plaintiff sought medical advice and was told there was a risk that he could contract mesothelioma. 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. Frost v Chief Constable of Yorkshire Police [1997] 3 WLR 1194. It was argued that the defendants had failed to take adequate precautions to protect the plaintiff. Filters. See para 1.5 n 14 below. It was agreed between the parties that the only issue was whether they could satisfy the criterion of . of Ireland (1884) illustrate that even though no physical injury occurred, the plaintiff was clearly in physical danger and therefore was allowed recovery. !L Having heard the boys scream the claimant rushed there and saw the accident which caused psychiatric injury to him. . 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 . 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. He took the view that, since the claimant was watching the scene of the accident from quite a few distances away, so it was not reasonably foreseeable by the defendant that if he backed his taxicab negligently the claimant would suffer a nervous shock. 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 . . . Take a look at some weird laws from around the world! D was under a duty to take reasonable steps to protect his employees from the risk of physical harm, but there was no extension of this duty to protect C from psychiatric harm when they were not exposed to any risk of physical injury. In England, the Dulieu v White and Sons [1901]2 KB 66 9 case was a landmark case in terms of the recovery of claims for psychiatric illnesses. N>7>@s!z9@-w9Hy^O1? M:fXxKGkYqLfX A Ai>|N_*HbOsu.7B ovRl-#GQcLXH`{70l191X?@j`P02:vKX @9E. .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. 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]. Alcock -v- The Chief Constable of South Yorks [1992] 1 AC 310, Frost v Chief Constable of Yorkshire Police [1997] 3 WLR 1194, White v Chief Constable of the Yorkshire Police [1998] 3 WLR 1509, Fletcher v Commissioners for Public Works [2003] 2 I.L.R.M.94. In 1997, the claimant initiated an action for psychiatric illness against the defendant. 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. The facts of this case are, on the 19th October 1973, a friend came to the claimants house to tell her of a serious accident involving her husband and three children, two hours after it had occurred. This was not the situation prior to this case. The plaintiff must show that the defendant owed duty of care not to cause the reasonably foreseeable nervous shock. She alleged that, as result of suffering from psychiatric illness she had a change in her personality that seriously affected her capabilities as a mother and wife. 182 0 obj <>/Filter/FlateDecode/ID[<86982BFA68EE9E4388F223A8853489C3><2512F63CFFE58F428782346685734F90>]/Index[164 60]/Info 163 0 R/Length 98/Prev 536609/Root 165 0 R/Size 224/Type/XRef/W[1 3 1]>>stream The boy sustained a very minor injury and the damage to his tricycle was nothing serious. So, therefore, a secondary victim is someone who suffers from psychiatric illness through the fear of other persons safety or injury. No issues of. But he further took the view that, there is no reported English case decision where it has been established that whether a defendant owes any duty of care towards the claimant for not causing him a psychiatric injury by self inflicted injuries. There are a number of subsequent cases which might be contrasted with the decision given in the case of King v Philips. 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. [70] As per Griffith LJ [1981] 1 All ER 809 at page 829. 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]. Alcock -v- The Chief Constable of South Yorks [1992] 1 AC 310. He claimed damages from the respondent for contributory negligence of other officers in failing to come to his assistance. They would allow claims for pure psychiatric damage by mere bystanders: see (1997) 113 LQR 410, 415. Cited Chadwick v British Railways Board 1967 Mr Chadwick tried to bring relief and comfort to the victims of the Lewisham train disaster in December 1967. Held: (Smith LJ dissenting) The . . l'LCocI2Vp.0c In the case of Brice v Brown[4], hysterical personality disorder was considered to be a psychiatric injury. Although he did not suffer physical injury, the crash he claimed resulted in chronic fatigue syndrome. So, finally it was held by the majority of the Court of Appeal that the defendant owed no duty of care to the claimant even though her psychiatric injury was reasonably foreseeable. The Facts. The secondary victims are required by the existing law to satisfy or establish additional criteria before they can bring a claim for psychiatric injury against the negligent defendant which has been discussed elaborately in the later chapters. 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. 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 . Courts must therefore act in company and not alone. Also the plaintiff had to establish that the nervous shock caused by the accident, resulted from her fear for her own safety. The plaintiffs sought damages for nervous shock. 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 . Lists of cited by and citing cases may be incomplete. . 4 policeman (Ps) sued R (chief officer responsible at Hillsborough) for causing them nervous shock through his negligence in allowing the accident to occur. 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 . 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. 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. [69] As per Stephenson LJ [1981] 1 All ER 809 at page 823. However, liability could not be avoided if the accident took place very close to him and was so horrific. The court considered her to be outside the area of potential danger. 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. In Alcock v Chief Constable Of South shire Police [1992] 1 AC 310, 407, Lord Oliver introduced a broader classification of the primary victims as including those involved, either mediately or immediately or , as a participant in the event causing them psychiatric illness. Similarly there are some other cases where the claimants were not actually present at the scene of the accident but the court still held the defendant liable for negligently inflicting psychaitric injury to the claimants. Cited Hinz v Berry CA 1970 Then plaintiff saw her husband killed and her children injured by a runaway motor car. Alcock v Chief Constable of South Yorkshire Police [1992] 1 AC 310. The winner - given the power to fire the next chief constable - will inevitably prevail on an anti-corruption ticket. Acknowledging the acute difficultis particular to the evidence in such cases, the House of Lords, in Fairchild. Held: The claim failed: these claimants have no . 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). 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 . . ( as what happened in this particular case ) . . Generally, primary victims do not face too many hurdles in order to establish a claim as long as certain tests are satisfied. The floodgates argument may be a possible reason for this. 2819 Words. 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. Disclaimer: This dissertation has been written by a student and is not an example of our professional work, which you can see examples of here. White (Frost) v Chief Constable of South Yorkshire Police [1999] 2 AC 455 (Hillsborough, police on duty) The Control Mechanisms - Alcock 1. Reference this The defendants admitted their negligence but also argued that the nervous shock suffered by the mother was too remote. Lord Steyn's observation in Frost v Chief Constable of South Yorkshire Police [1999] 2 AC 455, was that while, "the law on the recovery of compensation for pure psychiatric harm is . The lorry ran violently down the hill. So the defendant submitted that, since the claimant was not present at the place where the accident took place, his action against the defendant should not be allowed by the court. In this case, the court considered chronic fatigue syndrome to be a recognizable psychiatric injury[9]. 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. Over the years as claims have increased, while it is arguable, for a need for criteria to be developed , to prevent a floodgate of claims , one has to feel that some of the decisions , particularly in relation to cases such as Alcock v Chief Constable of South Yorkshire Police , appear to be particularly harsh , in respect of the claimants. 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. At trial she was awarded damages for nervous shock. >> Eventually she died as a result of that injury. Baker v Bolton [1808] EWHC KB J92. 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. (back to preceding text) I am compelled to say that I am unable to accept this suggestion because in my opinion (1) the proposal is contrary to well-established authority; (2) the proposed control mechanism would erect an artificial barrier against recovery . Top Tier Firm Rankings. In other words psychiatric shock was to be treated as direct personal injury. . Do you have a 2:1 degree or higher? The father subsequently suffered nervous shock as a result of witnessing the accident. 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 . v The Chief Constable Of South Yorkshire Police ( [1997]1 All E R.540), their Lordships holding by a majority of 3 to 2 that the claims of the police officers had been rightly dismissed by the trial judge . Sir Cliff Richard OBE V The British Broadcasting Corporation; The Chief Constable Of South Yorkshire Police [2018] EWHC 1837 (Ch) Summary. In Alcock v Chief Constable of South Yorkshire (1992) 1 AC 310 the ordinary rules of negligence were applied to allegedly negligent crowd control by the police. That is to say, the secondary victims must establish a close relationship with the primary victims. Abstract. The requirement of immediate aftermath principle was firmly established in the case of Mcloughlin v O Brian[67]. Be incomplete the claimants sought damages for nervous shock caused by the defendant owed duty care. Suffered considerable damage but the drivers escaped physical injury, the crash he claimed resulted in fatigue... Baker v Bolton [ 1808 ] frost v chief constable of south yorkshire KB J92 > @ s z9! To psychiatric harm accident, resulted from her fear for her own safety of cases! 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