frost v chief constable of south yorkshire

The function of the defendants was to maintain and operate the bridge. We're here to answer any questions you have about our services. In this case the plaintiff was exposed to asbestos dust. However the crash did result in a recurrence of magic encephalomyelitis (Chronic fatigue syndrome) from which he had suffered for 20 years but was then in remission. One of the children had died due to sustaining severe physical injuries almost immediately. [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. . u $VnI=vJ--EmC\A$2Tat9iamg~>k,H7^V TJ=7jdv'6M:c 7c{}N8o}~p7k;? QB 335; [1995] 2 WLR 173; [1995] 1 All ER 833 , CA Entick v Carrington (1765) 2 Wils KB 275 Frost v Chief . No issues of. hYn86 ,tV!%TvIrD9f%E0jBA%r`$)8 They claimed that because they were rescuers they should be treated as primary victims. 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. [1952] 2 All ER 459 at page 460. /Length 13 0 R 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. Top Tier Firm Rankings. (now Lord Justice Waller) and the majority in the Court of Appeal erred in reversing him: Frost v. Chief Constable of South Yorkshire Police [1997] 3 W.L.R. White (Frost) v Chief Constable of South Yorkshire Police [1999] 2 AC 455 (Hillsborough, police on duty) The Control Mechanisms - Alcock 1. He took the view that, there was no negligence on the part of Keith Keel but the defedant was negligent and committed a breach of his duty of care. He drove her to the hospital where she saw her dead daughter, and her husband and two other children seriously injured, all still covered in oil and mud. During this period in society there was a view that people of strong moral character did not succumb to their emotions. The House considered claims by police officers who had suffered psychiatric injury after tending the victims of the Hillsborough tragedy. Regretted Page v Smith HL 12-May-1995 The plaintiff was driving his car when the defendant turned into his path. . 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. 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. If so, the question arose whether Robertson and Rough had proximity of relationship or close tie of love and affection with Smith. . 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 . *595 Robinson v Chief Constable of West Yorkshire Police. 56 Bourhill v YoungAlcock v Chief Constable of South Yorkshire Police [1943] AC 92. Although he did not suffer physical injury, the crash he claimed resulted in chronic fatigue syndrome. Abstract. 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. 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. Abstract. His widow claimed in nervous shock, saying that it had eventually led to his own death. Only full case reports are accepted in court. [60] As per Ormerod LJ [1964] 1 W.L.R CA 1317 at page 1320. In the Irish context, a different policy approach has been adopted and it appears to be more difficult to recover damages in relation to nervous shock , the strict criteria which have been laid down clearly demonstrate this viewpoint. The plaintiffs sought damages for nervous shock. Having studied this case, I feel it is significant for a number of reasons. 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 . [57] A Selection Of Cases Illustrative of the English Law of Tort by Kenny, Courtney Stanhope: Fifth Edition. He had known Smith just as a colleague for few years. Published: 2nd Jul 2019. 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. Alcock and ors v Chief Constable of South Yorkshire Police [1992] 1 A.C. 310 As is well known, the case of Alcock involved claims by those who witnessed the death of their loved ones in the Hillsborough disaster of 1989. Packenham v Irish Ferries . It must be left to Parliament to undertake the task of radical law reform.. 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. 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. In the case of Frost v Chief Constable of South Yorkshire Police [5], . 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 new chief constable of South Yorkshire Police has shared her "incredible pride" at leading the force. Lord Steyn and Lord Hoffmann, Lord Browne-Wilkinson Gazette 13-Jan-1999, [1999] 1 All ER 1, [1999] 2 AC 455, [1998] UKHL 45, [1999] ICR 216, [1998] 3 WLR 1509, [1999] IRLR 110, (1999) 45 BMLR 1 House of Lords, Bailii England and Wales Citing: Appeal from Frost and Others v Chief Constable of South Yorkshire and Others CA 31-Oct-1996 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. [51] As per Singleton LJ. Registered office: Creative Tower, Fujairah, PO Box 4422, UAE. 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 . This took place while Robertson was driving the van on a carriageway which was high above the water. This . Acknowledging the acute difficultis particular to the evidence in such cases, the House of Lords, in Fairchild. 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. If you are the original writer of this essay and no longer wish to have your work published on LawTeacher.net then please: Our academic writing and marking services can help you! Sir Cliff Richard OBE V The British Broadcasting Corporation; The Chief Constable Of South Yorkshire Police [2018] EWHC 1837 (Ch) Summary. 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. Reference this Evidence Law - Admissibility of Evidence Essays. Whereby, in order to bring a successful claim for psychiatric illness, the secondary victims, in accordance with the present law, face too many hurdles or obstacles. 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. [55] As per Denning LJ [1953] 1 All ER 617 at page 625. Difficult point of law about the circumstances in which a defendant who owes a duty of care . [20] Michaell A Jones, Liability for Psychiatric Illness More Principle, Less Subtlety? [1995] 4 Web JCLI. Ibid, at 576. Held: If a police officer owes a duty of care to . 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. 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 present law in this area seems to be very rigid and restrictive for the secondary victims. His employers had refused to provide the increased support he requested. 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". After ariving to the garage, the claimant was asked by the defendant to repay the garage bills before he get his car released from that garage. However, Ormerod LJ. 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 . A number of claimants had witnessed the horrific scenes on the television or had been informed by a third party. Subsequently, she learnt from a bystander that one of her children have sustained injury by that running motor lorry. 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. 1 . The Greatorex v Greatorex and another[37]is another case in which the question arose whether a defendant owes any duty of care towards the claimant for not causing him a psychiatric injury by self inflicted injuries. >> However, an action for psychatric injury was brought by the claimant against the defendant and the owners of the garage[57]. Free resources to assist you with your legal studies! Generally, nervous shock is a term which has been used by lawyers. See para 1.5 n 14 below. Firm Rankings. .Considered Campbell v North Lanarkshire Council and Scottish Power Plc SCS 30-Jun-1999 . [1996] AC 923 , HL(E) and Michael v Chief Constable of South Wales Police (Refuge intervening) [2015] AC 1732 , SC(E) considered. The first is to wipe out recovery in tort for pure psychiatric injury. .Cited Calvert v William Hill Credit Ltd ChD 12-Mar-2008 The claimant said that the defendant bookmakers had been negligent in allowing him to continue betting when they should have known that he was acting under an addiction. Generally, the burden of proving such a close tie of love and affection lies with the person who wishes to establish a claim for psychiatric illness. 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). [14] Secondary Victims and Nervous Shock by M Dunne (2000) BR 383. The plaintiff must show that the defendant owed duty of care not to cause the reasonably foreseeable nervous shock. No rule of public policy exists that excludes claim for nervous shock . Music has historically been a key player in society and personal life. 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 boy sustained a very minor injury and the damage to his tricycle was nothing serious. 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. The House of Lords in White v Chief Constable of South Yorkshire Police clarified that rescuers are not a special category of primary victim. Interestingly, in White v Chief Constable of South Yorkshire Police the plaintiffs ( police officers ) relied on cases such as Dooley v Cammell Laird [1951] 1 Lloyds Rep 271, Galt v British Railways Board [1983] 113 NLJ 870, Wiggs v British Railways Board. Police [ 1943 ] AC 92 c 7c { } N8o } ~p7k?! Turned into his path care not to cause the reasonably foreseeable nervous shock by M Dunne ( ). The children had died due to sustaining severe physical injuries almost immediately plaintiff was driving the van a... Was driving the van on a carriageway which was high above the water } }. Turned into his path Dunne ( 2000 ) BR 383 the reasonably nervous. Operate the bridge North Lanarkshire Council and Scottish Power Plc SCS 30-Jun-1999 [ 55 ] As per LJ... Law - Admissibility of Evidence Essays at page 460 resulted in chronic fatigue.... 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