[29] As per Lord Oliver [1992] 1 AC 310 at page 417. 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. 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. 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. No damages for Psychiatric Harm Alone. Held: The general rules restricting the recovery of damages for . Generally, nervous shock is a term which has been used by lawyers. /Filter /LZWDecode 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. 223 0 obj <>stream The plaintiff must show that the defendant owed duty of care not to cause the reasonably foreseeable nervous shock. Packenham v Irish Ferries . 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). On August 18, 1955, the defendant, namely Mr. Sanderson went to the garage along with the claimant and his son for the purpose of collecting his car as they had decided to go out for holiday. Lord Jauncey[32] took the view that such a categorization would be illogical as well as arbitrary. The defendant police service had not . The father immediately started helping his son to release his trapped foot out. School King's College London; Course Title LAW 10999; Uploaded By ColonelHeatKudu28. The issue of communication by television was raised but not adequately dealt with. At the time of the accident, the claimant was at home that was two miles away from the place of the accident. 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. The floodgates argument may be a possible reason for this. The court further considered the issue if both the claimants suffered nervous shock as a result of witnessing the accident. Due to his death, Rough was also very distressed which resulted in a psychiatric illness. Although he did not suffer physical injury, the crash he claimed resulted in chronic fatigue syndrome. The facts of this case are as follows, the plaintiff, Mr. She was admitted to the hospital and when operated a dead foetus was removed. 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 However in relation to claims brought by siblings this close relationship had to be proven by evidence. . 2 claims. reversed Court of Appeal decision in Frost v Chief Constable of South Yorkshire [1997] 1 All ER 540, which found Ps were primary victims as rescuers; When the defendant started backing his car out, Keith Keel began to give directions to the defendant from behind the car in order to prevent any collision with the pillar or any other cars. 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]. Many of the 1.3 million residents of South Yorkshire have had enough. [40] Cases and Commentary on Tort, by Barbara Harvey & John Marston, 5th Edition: Publication date 2004. White v Chief Constable of South Yorkshire [1999] 2 AC 455 All of the claimants were police officers who had been on duty the day of the Hillsborough Stadium Disaster. 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. Although the term has been replaced by psychiatric illness but it reflects the approach of the law in such cases[2]. Is there any liability for self inflicted physical injury which caused the claimants psychiatric illness? The question was whether, having regard to the fact that she had suffered sorrow and grief it would not be to . We're here to answer any questions you have about our services. Donaghue v Stevenson [1932] A.C. 532. A live television broadcast of that match was running from the ground. 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. This time the ground for appeal was whether the defendants could have reasonably foreseen the psychiatric illness suffered by the claimants or secondary victims. The apparent injustice of this position has been acknowledged . To export a reference to this article please select a referencing stye below: Mental Health relates to the emotional and psychological state that an individual is in. He successfully adduced evidence that there was a very close and intimate relationship between him and his half brothers[34]. The boy screamed loud enough and tried to take his foot out the cars wheel by kicking the car with the other foot. 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. The Facts. The lorry ran violently down the hill. 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 . It appears in analysing this case that the House of Lords were conscious of the judgment made in the Alcock case. 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. However, after couple of hours he received a phone call from someone and learnt that both his brothers got killed at the disaster. Similary, the defendant argued that, in the present case, the claimant was far away from the actual place of the accident and did not see what happened there. u $VnI=vJ--EmC\A$2Tat9iamg~>k,H7^V TJ=7jdv'6M:c 7c{}N8o}~p7k;? 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. Decent Essays. The unsuccessful claimants made a cross appeal to the Court of Appeal against the judges decision whereby the defendants also appealed against the ten successful claimants. Cited Mount Isa Mines Ltd v Pusey 1970 The court considered how progress is made in developing the law of liability for damages for psychiatric injury, saying The field is one in which the common law is still in course of development. 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 . Published: 21st Jan 2022. 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]. 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. The House considered claims by police officers who had suffered psychiatric injury after tending the victims of the Hillsborough tragedy. However, an action was brought by the mother for psychiatric injury against the defendant. At the trial, Branson J. took the opinion that, the claimant will not be entitled to establish a claim for nervous shock and recover any kind of damages if she had not suffered the shock through the fear of her own safety. The Irish courts have been much more responsive in allowing recovery for nervous shock. The Plaintiff had a pre-existing chronic fatigue syndrome, which manifested itself from time . 12 White v Chief Constable of South Yorkshire Police ibid. Firm Rankings. Held: The claim failed: these claimants have no . Eventually, at about midnight, having gone to the mortuary he managed to identify the bruising dead body of his brother in law. At common law the secondary victims (like the bystanders or spectators) who suffer psychiatric illness as a result of witnessing a defendant negligently endangering or injuring others who are unrelated to them in love and affection, cannot recover. The Chief Constable of South Yorkshire has admitted liability in negligence in respect of the deaths and physical injuries. The requirement of immediate aftermath principle was firmly established in the case of Mcloughlin v O Brian[67]. 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. Held: The general rules restricting the recovery of damages for pure psychiatric harm applied to the . However, subsequently Lord Lloyd in the case of Page v Smith[13]further emphasized upon the distinction between the primary and secondary victims. Judgment - White and Others v. Chief Constable of South Yorkshire and Others continued. but the court dismissed their claims for damages, claiming that they did fulfill the criteria of rescuers. 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. This was not the situation prior to this case. The injuries were psychiatric, being suffered when they witnessed a crash from the ground. l'LCocI2Vp.0c The father subsequently suffered nervous shock as a result of witnessing the accident. Sir Cliff Richard OBE V The British Broadcasting Corporation; The Chief Constable Of South Yorkshire Police [2018] EWHC 1837 (Ch) Summary. Held: It was a classic case of nervous shock. It must be left to Parliament to undertake the task of radical law reform.. This was an event of 19th October 1973. In a subsequent case, Packenham v Irish Ferries Limited this principle was upheld and damages were not awarded as there was no recognized psychiatric illness. The law has imposed lots of requirements for the secondary victims before they can successfully make a psychiatric injury claim. [12] Teff, H (1992) Liability for Psychiatric Illness after Hillsborough 12 Oxford Journal of Legal studies 440. [60] As per Ormerod LJ [1964] 1 W.L.R CA 1317 at page 1320. The House of Lords (by a majority) in Page v Smith, enhanced the recovery of the primary victim over the secondary victim. So, in this situation- Singleton LJ. . (see Frost v Chief Constable of South Yorkshire Police, or the recent case of Paul for an overview of the law on secondary victims.) That appears to be the course advocated by Mullany and Handford, Tort Liability for Psychiatric Damage. Frost v Chief Constable of Yorkshire Police [1997] 3 WLR 1194. 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 . Many of the claimants failed in the requirement of proximity of place. 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. The preliminary issue before the court was whether the existing law allows the claimants to bring an action for recovery of damages against the defendants or not. Updated: 01 November 2022; Ref: scu.80695. [9] NJ Mullany, Psychiatric damage in the House of Lords- Fourth time Unlucky: Page v Smith (1995) 3 Journal of Law and Medicine 112. This took place while Robertson was driving the van on a carriageway which was high above the water. The plaintiff sought medical advice and was told there was a risk that he could contract mesothelioma. Tel: 0795 457 9992, or email david@swarb.co.uk, Ultrasun v EUIPO (Ultrasun) (European Trade Mark Order): ECFI 20 Oct 2020, Hackney London Borough Council v Mullen: CA 22 Oct 1996, Frost and Others v Chief Constable of South Yorkshire, White, Frost and others v Chief Constable of South Yorkshire and others, British Airways Plc v British Airline Pilots Association: QBD 23 Jul 2019, Wright v Troy Lucas (A Firm) and Another: QBD 15 Mar 2019, Hayes v Revenue and Customs (Income Tax Loan Interest Relief Disallowed): FTTTx 23 Jun 2020, Ashbolt and Another v Revenue and Customs and Another: Admn 18 Jun 2020, Indian Deluxe Ltd v Revenue and Customs (Income Tax/Corporation Tax : Other): FTTTx 5 Jun 2020, Productivity-Quality Systems Inc v Cybermetrics Corporation and Another: QBD 27 Sep 2019, Thitchener and Another v Vantage Capital Markets Llp: QBD 21 Jun 2019, McCarthy v Revenue and Customs (High Income Child Benefit Charge Penalty): FTTTx 8 Apr 2020, HU206722018 and HU196862018: AIT 17 Mar 2020, Parker v Chief Constable of the Hampshire Constabulary: CA 25 Jun 1999, Christofi v Barclays Bank Plc: CA 28 Jun 1999, Demite Limited v Protec Health Limited; Dayman and Gilbert: CA 24 Jun 1999, Demirkaya v Secretary of State for Home Department: CA 23 Jun 1999, Aravco Ltd and Others, Regina (on the application of) v Airport Co-Ordination Ltd: CA 23 Jun 1999, Manchester City Council v Ingram: CA 25 Jun 1999, London Underground Limited v Noel: CA 29 Jun 1999, Shanley v Mersey Docks and Harbour Company General Vargos Shipping Inc: CA 28 Jun 1999, Warsame and Warsame v London Borough of Hounslow: CA 25 Jun 1999, Millington v Secretary of State for Environment Transport and Regions v Shrewsbury and Atcham Borough Council: CA 25 Jun 1999, Chilton v Surrey County Council and Foakes (T/A R F Mechanical Services): CA 24 Jun 1999, Oliver v Calderdale Metropolitan Borough Council: CA 23 Jun 1999, Regina v Her Majestys Coroner for Northumberland ex parte Jacobs: CA 22 Jun 1999, Sheriff v Klyne Tugs (Lowestoft) Ltd: CA 24 Jun 1999, Starke and another (Executors of Brown decd) v Inland Revenue Commissioners: CA 23 May 1995, South and District Finance Plc v Barnes Etc: CA 15 May 1995, Gan Insurance Company Limited and Another v Tai Ping Insurance Company Limited: CA 28 May 1999, Thorn EMI Plc v Customs and Excise Commissioners: CA 5 Jun 1995, London Borough of Bromley v Morritt: CA 21 Jun 1999, Kuwait Oil Tanker Company Sak; Sitka Shipping Incorporated v Al Bader;Qabazard; Stafford and H Clarkson and Company Limited; Mccoy; Kuwait Petroleum Corporation and Others: CA 28 May 1999, Worby, Worby and Worby v Rosser: CA 28 May 1999, Bajwa v British Airways plc; Whitehouse v Smith; Wilson v Mid Glamorgan Council and Sheppard: CA 28 May 1999. 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