.Cited Zurich Insurance Plc UK Branch v International Energy Group Ltd SC 20-May-2015 A claim had been made for mesothelioma following exposure to asbestos, but the claim arose in Guernsey. 0 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. Held: The general rules restricting the recovery of damages for . *595 Robinson v Chief Constable of West Yorkshire Police. 5th Oct 2021 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. 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 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. 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. 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. However, subsequently Lord Lloyd in the case of Page v Smith[13]further emphasized upon the distinction between the primary and secondary victims. CJ Keane criticized the logic of distinguishing between psychiatric illnesses resulting from a traumatic event as opposed to suffering grief in its aftermath. Then she went to see another child and found him unconscious. . Firm Rankings. There was no doubt that each claimant had a nervous shock from the horrible disaster which caused psychiatric illness to them, but the question arose whether they were entitled to establish a claim and recover damages for psychiatric illness. The Law Commission Report, Liability for Psychiatric Illnesses, McLaughlin v O Brian (1983) AC 410 310 AT 407. 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. The mother came across the tricycle which was lying underneath the taxicab but failed to see the boy. IMPORTANT:This site reports and summarizes cases. The recent case of Crystal Taylor v A Novo (UK) Ltd CA (2013) re-examined the particular issue of proximity, together with the underlying policy considerations. Due to his death, Rough was also very distressed which resulted in a psychiatric illness. No rule of public policy exists that excludes claim for nervous shock . Cases in bold have further reading - click to view related articles.. Alcock v Chief Constable of South Yorkshire [1991] UKHL 5; Dooley v Cammell Laird & Co Ltd [1951] 1 Lloyd's Rep 271; Frost v Chief Constable of South Yorkshire [1997] 3 WLR 1194; Galt v British Railways Board (1983) 133 NLJ 870; Gregg v Ashbrae Ltd [2006] NICA 17; Hunter v British Coal Corporation [1998 . Again, in the case of Fenn v City of Peterborough[64], the claimant arived home couple of minutes after a gas explosion in which he lost his three children. 3 Frost v Chief Constable of South Yorkshire Police [1997] 3 WLR 1194. In Page v Smith this distinction was further developed. It was agreed between the parties that the only issue was whether they could satisfy the criterion of . The requirement of immediate aftermath principle was firmly established in the case of Mcloughlin v O Brian[67]. He was told however that the risk was very remote. [26] Davie M (1992) Negligently Inflicted Psychiatric Illness; The Hillsborough Case in the House of Lords 43 Northern Ireland Legal Quarterly 237. It was agreed between the parties that the only issue was whether they could satisfy the criterion of . 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 Although he did not suffer physical injury, the crash he claimed resulted in chronic fatigue syndrome. View history. The mother was so frightened as soon as she came across the scene. It was held by Salmon J. ]S+ dfEOP 5mr'%G-X5aD)N>M%X/sVXRGt-sVm]^ciARbDwfmB!%xDh \HKPjMQ7h{,jSZ Having studied this case, I feel it is significant for a number of reasons. Packenham v Irish Ferries . 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 . Lord Morton of Henryton: it has never been the law of England that an invitor, who has negligently but unintentionally injured an invitee, is liable to compensate other persons who . 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. [29] As per Lord Oliver [1992] 1 AC 310 at page 417. The injuries were psychiatric, being suffered when they witnessed a crash from the ground. 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. [31] As per Lord Oliver [1992] 1 AC 310 at page 415-416. In the case of Frost v Chief Constable of South Yorkshire Police [5], . 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. 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. [14] Secondary Victims and Nervous Shock by M Dunne (2000) BR 383. .Cited French and others v Chief Constable of Sussex Police CA 28-Mar-2006 The claimants sought damages for psychiatric injury. He was not a rescuer, and nor had . Copyright 2003 - 2023 - LawTeacher is a trading name of Business Bliss Consultants FZE, a company registered in United Arab Emirates. Another appellant, namely Robert Alcock, was present on the ground during the football match and witnessed the whole disaster from the west stand of the stadium. However, during the journey, a very strong wind thrown the metal sheet and Smith away while he was sitting on top of it. 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. The plaintiff worried excessively and developed reactive anxiety neurosis, a psychiatric illness. Positive/Neutral Judicial Consideration . 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. 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 most recent of which was Frost v The Chief Constable of South Yorkshire which resulted from the Hillsborough tragedy. The carriageway was too high that any person fell from that distance would unlikely to survive. .Cited James-Bowen and Others v Commissioner of Police of The Metropolis SC 25-Jul-2018 The Court was asked whether the Commissioner of Police of the Metropolis (the Commissioner) owes a duty to her officers, in the conduct of proceedings against her based on their alleged misconduct, to take reasonable care to protect them from . Held: Psychiatric injury is a recognised form of personal injury, and no statute . The House considered claims by police officers who had suffered psychiatric injury after tending the victims of the Hillsborough tragedy. Prior to this, the initial response of the common law to claims relating to nervous shock, was to deny responsibility. 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. 12 0 obj We do not provide advice. In this case, the defendants servant negligently left a motor lorry on a street with the engine running. 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. . Many of the claimants witnessed horrific images and scenes of carnage on the television . Whether a person is to be regarded as a rescuer will be a question of fact to be decided on the . However, unlike the Alcock case, it was the case of McCarthy v Chief Constable of South Yorkshire Police[33]where the claimant (secondary victims) was successful in bringing an action for psychiatric illness against the defendants (Chief Constable of South Yorkshire Police). As a result, the law in this area seems to be complex as well as inconsistent. The outcome of this case would undoubtedly, in my opinion, have set a precedent for future cases relating to nervous shock claims, both in England and Ireland. 12 Pages. Info: 3380 words (14 pages) Essay As a result of the negligence of the police department, ninety six spectators died in a massive crash and more than approximately four hundred spectators were severely injured in that accident. [69] As per Stephenson LJ [1981] 1 All ER 809 at page 823. However, to satisfy the proximity of relationship with the primary victims might be considered a major obstacle for the secondary victims when there is an issue of establishing a claim for the psychiatric illness. .Considered Campbell v North Lanarkshire Council and Scottish Power Plc SCS 30-Jun-1999 . All of the aforementioned cases demonstrate clearly that claims relating to nervous shock are indeed highly complex and, in my opinion, some of the outcomes seriously flawed. Capacity plays a vital role in determining whether a person can exercise autonomy in making choices in all aspects of life, from simple decisions to far-reaching decisions such as Our academic writing and marking services can help you! 223 0 obj <>stream In the White case this principle was not upheld, a possible reason, one could argue, might be to prevent an increase of claims in this category. Case summaries. Marital or parental relationship between plaintiff and . All of them were connected in various ways . So according to Keiths directions the defenadant was backing his car out and paying attention to him. However, the trial judge, Boreham J[68], took the view that- although the claimant was a person of reasonable fortitude and the mental condition that she had suffered due to shock was different from mere grief and sorrow, but it was held that the defendant was not liable for causing psychiatric injury to her because it was not reasonably foreseeable. Finally, after a careful consideration of all the issues, it was held by Cazalet J. [19] As per Lord Wilberforce [1883] 1 A.C. 410 at Page 411. Also the plaintiff had to establish that the nervous shock caused by the accident, resulted from her fear for her own safety. Eventually, his doctor prescribed him to take anti-depressant drugs. Once the requirement of proximity of relationship is satisfied, the secondary victims must also establish the facts that he had physical proximity to the accident or its immediate aftermath. << Lord Oliver[30] thought that, Mr. Brians action failed not only because he could not provide with evidence of close tie of love and affection but also because the perception of the shocking event was gradual as opposed to the sudden appreciation by sight or sound of a horrifying event. Rough was also driving another van from a few feet behind the Robersons van. Although, it was admitted by the police constable that they were negligent in performing their duties in the football stadium and it was only because of their negligence the horrible disaster took place which ended the lives of ninety six spectators and caused injury to the other spectators. More news from across Yorkshire The facts of this case are as follows, the plaintiff, Mr. 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 . Only full case reports are accepted in court. 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. His employers had refused to provide the increased support he requested. In this case the plaintiff was exposed to asbestos dust. Two of the claimants found their relatives or friend severely injured whereby one of them had his relative who escaped unhurt. An action for negligence was brought into the court against the Chief Constable of South Yorkshire Police. 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]. This was not the situation prior to this case. hYn86 ,tV!%TvIrD9f%E0jBA%r`$)8 Copyright 2003 - 2023 - UKDiss.com is a trading name of Business Bliss Consultants FZE, a company registered in United Arab Emirates. Consequently, Smith was killed as he fell a few feet on to the girder below the carriageway. Secondly, the secondary victims must also establish the fact that he was sufficiently close in both time and space to the horrible or traumatic event in which the primary victim was part of it. At the time of the accident, the claimant was at home that was two miles away from the place of the accident. Frost and Others v Chief Constable of South Yorkshire Police and Others (1996) The Times, 6 November, CA. Take a look at some weird laws from around the world! The defendants resisted saying that the injury alleged, the development of pleural plaques, was yet insufficient as damage to found a claim. The claim was rejected by the House of Lords on the basis that none of the claimants could be considered "primary . 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. 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. 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 . 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. However, an action was brought by the mother for psychiatric injury against the defendant. 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. The Plaintiff had a pre-existing chronic fatigue syndrome, which manifested itself from time . In this case, the court considered chronic fatigue syndrome to be a recognizable psychiatric injury[9]. %%EOF The defendant company had a policy for achieving responsible gambling, . Generally, primary victims do not face too many hurdles in order to establish a claim as long as certain tests are satisfied. Since they were not endangered in the discharge of their service or in rescuing, as employees and/or rescuers, the police officers were only secondary victims. [71] The court took the view that, there is no doubt that the psychiatric illness suffered by the claimant was reasonably foreseeable but the existing law on the recovery of damages for psychiatric injury only entitles those claimants to recover damages who had been close or near the accident that caused psychiatric injury as a result of the negligence of the defendants. [25] As per Parker LJ [1991] 3 All ER 88 at 92-94. Judgment - White and Others v. Chief Constable of South Yorkshire and Others continued. He then got really worried and started looking for him around but there was no trace of his brother in law. Despite of establishing a close tie of love where the secondary victims fails to satisfy the requirement of proximity in time and place with the accident, the court will not entilte them to recover damages for psychiatric illness. 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. Acknowledging the acute difficultis particular to the evidence in such cases, the House of Lords, in Fairchild. The secondary victims must be close to the accident both in terms of time and place. This was a test case . 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 . The case centred upon the liability of the police for the nervous shock suffered in consequence of the events of the Hillsborough disaster . 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