The law on recovery of damages for psychiatric illness is entirely based on common law. Rough was also driving another van from a few feet behind the Robersons van. 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 . He further took the view that, the cases where there is insufficient proximity of relationship must be very carefully considered before allowing the claimants for psychiatric injury claims[20]. In this case, he categorized the victims in a psychiatric injury cases in to two main . 1 . [7] Again, Hoffman L.J in the case of Page v Smith[8] defined psychiatric illness as a mental trauma. The carriageway was too high that any person fell from that distance would unlikely to survive. In the case of Alcock v Chief Constable of South Yorkshire,[6] Lord Ackner defined the term nervous shock or psychiatric illness as Sudden appreciation by sight or sound of a horrifying event, which violently agitates the mind. On the other hand, Lord Keith defined psychiatric illness as Sudden assault on the nervous system. White v Chief Constable of the Yorkshire Police [1998] 3 WLR 1509. The Chief Constable of South Yorkshire has admitted liability in negligence in respect of the deaths and physical injuries. All of them were connected in various ways . 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. 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. 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. This took place while Robertson was driving the van on a carriageway which was high above the water. Having heard this, the claimant ran approximately hundred yards from her place in order to see her son who was eventually died. [1999] 2 AC 455. This was not the situation prior to this case. At that time she was three of four months advanced in pregnancy. Cited Hambrook v Stokes Brothers CA 1925 The defendants employee left a lorry at the top of a steep narrow street unattended, with the engine running and without having taken proper steps to secure it. 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. 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. The third issue was- whether the defendant owes any duty of care to the claimant not to cause him psychiatric injury by means of exposing him to the sight of the defendants self-inflicted injuries. Copyright 2003 - 2023 - UKDiss.com is a trading name of Business Bliss Consultants FZE, a company registered in United Arab Emirates. Nor is any duty of care owed to a rescuer lacking ordinary courage. Held: It was a classic case of nervous shock. !L We do not provide advice. Furthermore, the issue of measurability was a concern. Although, Rough was driving another van but he came across the accident. 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. 2 claims. [9] NJ Mullany, Psychiatric damage in the House of Lords- Fourth time Unlucky: Page v Smith (1995) 3 Journal of Law and Medicine 112. 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. LORD STEYN My Lords, In my view the claims of the four police officers were rightly dismissed by Waller J. 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]. [60]did not agree with the arguments put by the defendant but he agreed with the decision given by Salmon J. Principle of Frost v Chief Constable of South Yorkshire Police (1998) police officers who were present in the aftermath of the Hillsborough disaster sued for post traumatic stress disorder. II. 4 policeman (Ps) sued R (chief officer responsible at Hillsborough) for causing them nervous shock through his negligence in allowing the accident to occur. If the claimant was a rescuer who went to the aid of others involved in an accident, they will only be defined as a primary victim if they were, or reasonably believed themselves to be, in danger. [39] As per Cazalet LJ. One of the children had died due to sustaining severe physical injuries almost immediately. Take a look at some weird laws from around the world! 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. Mental Health of Adolescent and Young Adult Cancer Survivors. White v Chief Constable of South Yorkshire [1998] 3 WLR 1509 House of Lords. HL dismissed their claims since they were suffering extreme grief, not a psychiatric illness. 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. They brought an action against their employer for negligently causing psychiatric illness to them. 223 0 obj <>stream The courts may have felt it unfair and harsh on the claimants in the Alcock case had the officers been successful in this case . As far as the claims for psychiatric illness is concerned, it was the case of Hambrook v Stokes Bros[16], where the English courts for the first time recognized a claim for psychiatric illness by the secondary victims. He brought an action for negligently inflicted psychiatric illness against the defendants. 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. 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 claim was rejected by the House of Lords on the basis that none of the claimants could be considered "primary . However in relation to claims brought by siblings this close relationship had to be proven by evidence. 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. After that she found her husband injured and covered with mud and oil. hYn86 ,tV!%TvIrD9f%E0jBA%r`$)8 There are a number of subsequent cases which might be contrasted with the decision given in the case of King v Philips. Acknowledging the acute difficultis particular to the evidence in such cases, the House of Lords, in Fairchild. 12 0 obj 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 . A rescuer or an employee suffering such psychiatric illness is also classified as a secondary victim (unless they are themselves endangered in the event). The accident took place when the victims car collided with the defendants lorry which was itself collided with another lorry. Prior to the Page v Smith case it was assumed that reasonable foreseeability of psychiatric illness was required in all cases of negligently inflicted psychiatric illness and that all such plaintiffs must be persons of normal disposition.. Held: The definition of the work expected of him did not justify the demand placed upon him. Filters. The defendant police service had not . It was held by Salmon J. The Court of Appeal held that no claim could be brought by a secondary victim for psychiatric injury caused by a separate horrific event removed in time from the original negligence, accident or first horrific event. QB 335; [1995] 2 WLR 173; [1995] 1 All ER 833 , CA Entick v Carrington (1765) 2 Wils KB 275 Frost v Chief . Consequently, Smith was killed as he fell a few feet on to the girder below the carriageway. On that occasion the law lords removed any special rights of employees or . 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. 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. 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). 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". Ninety six Liverpool fans were killed and many more seriously injured in a massive crush during the FA Cup Semi Final at Hillsborough Stadium in Sheffield . The judge found in favour of ten out of the plaintiffs and against six of them. 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. At trial she was awarded damages for nervous shock. Copyright 2003 - 2023 - LawTeacher is a trading name of Business Bliss Consultants FZE, a company registered in United Arab Emirates. The defendant company had a policy for achieving responsible gambling, . According to the facts of this case, the claimants (Robertson and Rough) and the primary victim (George Smith) used to work together with the defendants (Forth Road Bridge Board). This principle was later applied in Alcock v Chief Constable of South Yorkshire Police. Held: Where an accident is of a particular . 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. But that would be contrary to precedent and, in any event, highly controversial. Cited Best v Samuel Fox and Co Ltd 1952 The court considered liability for injury to secondary victims. 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. 164 0 obj <> endobj 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. [69] As per Stephenson LJ [1981] 1 All ER 809 at page 823. In Alcock v. Chief Constable of South Yorkshire Police [1992] 1 A.C. 310, claims were brought by those who had suffered psychiatric injury as a result of the Hillsborough disaster. This case raised two principal questions. Cited Alcock and Others v Chief Constable of South Yorkshire Police HL 28-Nov-1991 The plaintiffs sought damages for nervous shock. 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. These standard criteria have made it more difficult to claim damages in Irish courts. 141. Alcock v Chief Constable of South Yorkshire Police [1991] UKHL 5, [1992] 1 AC 310 is a leading English tort law case on liability for nervous shock (psychiatric injury). 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. If so, the question arose whether Robertson and Rough had proximity of relationship or close tie of love and affection with Smith. 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. Subsequently, she learnt from a bystander that one of her children have sustained injury by that running motor lorry. Criticism o f this seem ingly unpalatable result has been widespread: see Law Com m ission Report 249, Liability for Psychiatric Illness, 1998 (Report) at [1.1]. The court allowed the claims of Mr. McCarthy as he satisfied the Alcock criteria for recovery of claims for psychiatric illness. Case Summary Prior to this, the initial response of the common law to claims relating to nervous shock, was to deny responsibility. Her claim was struck out, but restored on appeal. Music background The presence of such plaques were symptomless, and would not themselves cause other asbestos related disease, but . Decent Essays. This time the ground for appeal was whether the defendants could have reasonably foreseen the psychiatric illness suffered by the claimants or secondary victims. Held: The claim failed: these claimants have no . He was not a rescuer, and nor had . Published: 2nd Jul 2019. 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. Although he did not suffer physical injury, the crash he claimed resulted in chronic fatigue syndrome. However, considering the surrounding circumstances of the present case (King v Phillips), McNair J. His brother in law and his nephew also had been present in the football ground who was watching the live match from the terrace. [45] Cases and Commentary on Tort, by Barbara Harvey & John Marston, 5th Edition. Copyright 2003 - 2023 - LawTeacher is a trading name of Business Bliss Consultants FZE, a company registered in United Arab Emirates. 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 Finally, after a careful consideration of all the issues, it was held by Cazalet J. Interestingly, in this instance, the courts decided that it was not necessary for the plaintiff to actually witness the incident. No issues of. [40] Cases and Commentary on Tort, by Barbara Harvey & John Marston, 5th Edition: Publication date 2004. Held: The general rules restricting the recovery of damages for . 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. . hbbd```b`` (dWHI` L`5U e=d} & d"o L@v10?SM 4 The outcome of this case is particularly note worthy. In the present case, the claimants family members including her husband and three children had a severe road accident. 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. It appears in analysing this case that the House of Lords were conscious of the judgment made in the Alcock case. 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. He claimed damages from the respondent for contributory negligence of other officers in failing to come to his assistance. 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. %PDF-1.2 In this instance, mental illness was accompanied by a physical trauma i.e. In that case it was not reasonably freseeable by the defendant that the claimant was going to suffer from psychiatric illness after witnessing the accident. [10] Kay Wheat (1998), Liability of psychiatric illness- the Law Commission Report Journal of Personal Injury Litigation. Firm Rankings. 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. That appears to be the course advocated by Mullany and Handford, Tort Liability for Psychiatric Damage. 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. 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 facts of this case are as follows, the plaintiff, Mr. Whether a person is to be regarded as a rescuer will be a question of fact to be decided on the . [1964] 1 W.L.R CA 1317 at page 1317. 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 . 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. 10 Alcock v Chief Constable of South Yorkshire Police . Cited Overseas Tankship (UK) Ltd v Morts Dock and Engineering Co Ltd (The Wagon Mound No 1) PC 18-Jan-1961 Foreseeability Standard to Establish NegligenceComplaint was made that oil had been discharged into Sydney Harbour causing damage. 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. After the disaster took place, the match was abandoned and he started looking for his brothers but couldnt find them out. 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. the purpose test (Banque Bruxelles Lambert SA v Eagle Star Insurance Co Ltd); the assumption . [57] A Selection Of Cases Illustrative of the English Law of Tort by Kenny, Courtney Stanhope: Fifth Edition. His Lordship further continued that, the present case is distinguishable from the case of King v Phillips[61]. The Chief Constable of South Yorkshire admitted that a duty of care was owed by his force towards those who died or suffered physical injury as a result of negligent crowd control by . She suffered nervous shock that affected her pregnancy and caused her injury. Frost v Chief Constable of South Yorkshire Police [1997] 3 WLR 1194. swarb.co.uk is published by David Swarbrick of 10 Halifax Road, Brighouse, West Yorkshire, HD6 2AG. At common law a distinction is drawn between what is merely the ordinary emotion of grief, anxiety, fear and transient shock which does not constitute sufficient damage and the recognisable psychiatric illness that is established by expert medical evidence. 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]. 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. The defendant admitted that they were negligent in relation to the death of her daughter as well as injury to her rest of the family members but simply denied any kind of liabilty for negligently causing psychiatric injury to her. 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. At the time of the accident, the claimant was at home that was two miles away from the place of the accident. .Cited Salter v UB Frozen Chilled Foods OHCS 25-Jul-2003 The pursuer was involved in an accident at work, where his co-worker died. 2819 Words. [1981] 1 All ER 809. The claimant brought an action against the defendant for causing psychiatric injury to him. So, therefore, a secondary victim is someone who suffers from psychiatric illness through the fear of other persons safety or injury. 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. /Filter /LZWDecode 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. 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. He then got really worried and started looking for him around but there was no trace of his brother in law. Any opinions, findings, conclusions, or recommendations expressed in this material are those of the authors and do not reflect the views of LawTeacher.net. More news from across Yorkshire Due to his death, Rough was also very distressed which resulted in a psychiatric illness. . hb```R !1CFAFCFAAA KP`L%T98;00`8A$B*oAjb The case was known as Frost and Others v Chief Constable of South Yorkshire Police and Others [1997] 1 All ER 540 in the lower courts. 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 Supreme Courts decision was to disallow recovery as there was no more than a remote risk of contracting a disease. It was held by the court that (according to the decision of Bourhill case), the defendant owes no liability towards the claimant although there was a liability in relation to the accident of the boy. Another claimant of this case was Rough, who was forty four years old. The plaintiffs were not primary victims as they we were not within the range of foreseeable physical injury and their psychiatric harm was a result of . *595 Robinson v Chief Constable of West Yorkshire Police. .Cited Rothwell v Chemical and Insulating Co Ltd and Another CA 26-Jan-2006 Each claimant sought damages after being exposed to asbestos dust. 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 . . Judgment - White and Others v. Chief Constable of South Yorkshire and Others continued. However, an action was brought by the mother for psychiatric injury against the defendant. There was a fear that it would be difficult for the courts to distinguish between a genuine claim and a fictitious claim, and also the fear that if one person recovered, this would in turn lead to a possible floodgate of claims. School King's College London; Course Title LAW 10999; Uploaded By ColonelHeatKudu28. Although the plaintiff did not suffer physical injury, the traumatic incident (a driver lost control of his team of horses and drove them into the building where the plaintiff was working behind her husbands bar) led to nervous shock and the premature birth of her child. [63] Tort Law; Text, Cases and Materials by Jenny Steele 2007. So, after a very careful consideration of the facts and surrounding circumstances, his Lordship dismissed the defendants appeal. A person is to be decided on the basis that none of the claimants or secondary.! Appears in analysing this case, he categorized the victims in a psychiatric illness is entirely based common! The disaster took place while Robertson was driving another van from a bystander that one of the and! For achieving responsible gambling, [ 61 ] were suffering extreme grief, a... 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