frost v chief constable of south yorkshire

3 Frost v Chief Constable of South Yorkshire Police [1997] 3 WLR 1194. The winner - given the power to fire the next chief constable - will inevitably prevail on an anti-corruption ticket. (White (Frost) v Chief Constable of S Yorks, pp 500 and 511) The Clinical Negligence cases 1. .Cited McLoughlin v Jones; McLoughlin v Grovers (a Firm) CA 2002 In deciding whether a duty of care is established the court must go to the battery of tests which the House of Lords has taught us to use, namely: . 34 [1996] 1 AC 155. Held: The claim failed: these claimants have no . 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. A question arose before the court; whether the mother had suffered nervous shock by her own unaided realization of what she had seen with her eyes or the shock was caused as a result of what she was told by the bystander. 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. White v Chief Constable of the Yorkshire Police [1998] 3 WLR 1509. This was a case which involved a huge disaster in the Hillsborough football stadium[23]. He successfully adduced evidence that there was a very close and intimate relationship between him and his half brothers[34]. Page -v- Smith [1995] 2 All ER 736 at 759, 761 per Lord Lloyd. endstream endobj 165 0 obj <> endobj 166 0 obj <>/MediaBox[0 0 594.72 841.68]/Parent 162 0 R/Resources<>/Font<>/ProcSet[/PDF/Text/ImageB/ImageC/ImageI]>>/Rotate 0/Tabs/S/Type/Page>> endobj 167 0 obj <>stream 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 . (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 . It was agreed between the parties that the only issue was whether they could satisfy the criterion of . However, the decision in the case of Dooley V Cammen Laird preserved the distinction between primary and secondary victim. Traditionally, the category of close relationship indicates the familial relationship, such as the relationship between the spouses, parents and children, brothers and sisters etc. 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 . If it was not reasonably forseeable then the defendant owes no duty of care to the claimant and there is no liability for negligence on the part of defendant. The House of Lords (by a majority) in Page v Smith, enhanced the recovery of the primary victim over the secondary victim. They said that the defendants negligent treatment allowed the attack to take place. The UK High Court has found that the British Broadcasting Corporation (BBC) infringed the privacy of renowned musician Sir Cliff Richard (Sir Cliff) by broadcasting a raid by the South Yorkshire Police (the SYP) following an allegation of historical sexual . Thus, there could be no duty of care owed to C for purely psychiatric harm, as they were not at any point in any physical danger. 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 . .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. Subsequently, she learnt from a bystander that one of her children have sustained injury by that running motor lorry. The married mother-of-one began her policing career in 1998 with Humberside Police and joined South Yorkshire Police in 2017 as Assistant Chief Constable. Marital or parental relationship between plaintiff and . .Cited Rothwell v Chemical and Insulating Co Ltd and Another CA 26-Jan-2006 Each claimant sought damages after being exposed to asbestos dust. Then she went to see another child and found him unconscious. Take a look at some weird laws from around the world! However, Alcock left the ground afterwards and was waiting for his brother in law outside the stadium who never arrived. It is of paramount importance that the law enforcement %PDF-1.5 % As a result of the tragic death of his workmate he was so upset and mentally distressed. In Kelly v Hennessy [1995] 3IR.253 CJ Hamilton laid down criteria, which have become the standard test for nervous shock. Until then he had no clue about his brothers whether they are dead or alive. The defenadant appealed against the decision of Salmon J. The Court of Appeal (by a majority) found in favour of all but one of the officers. In Alcock case, the House of Lords took the view that- the secondary victims will be entitled to establish a claim and recover damages for psychiatric injury if he can establish the fact that, the defendant could have reasonably foreseen that he would suffer from a psychiatric illness due to the negligent act as there was proximity of relationship between both the primary and secondary victims. [17] As per Mr. Bankes, Atkin and Sargant L.JJ [1925] 1 K.B 141 at page 142. In this case the plaintiff was exposed to asbestos dust. In this case, notwithstanding the fact that the claimant arrived in to the hospital with a view to see her injured family membrs after two hours, the House of Lords still recognized that as an immediate aftermath. (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. Any opinions, findings, conclusions, or recommendations expressed in this material are those of the authors and do not reflect the views of LawTeacher.net. endstream endobj startxref Such a relationship which is full of close tie and affection may be presumed to exist into the familial relationship or close friendship. A rescuer or an employee suffering such psychiatric illness is also classified as a secondary victim (unless they are themselves endangered in the event). However, after couple of hours he received a phone call from someone and learnt that both his brothers got killed at the disaster. .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. IMPORTANT:This site reports and summarizes cases. This essay aims to provide a critical evaluation of the common law duty of care for negligently inflicted nervous shock in the context of the above statement by Lord Steyn. This was not the situation prior to this case. Only full case reports are accepted in court. 2 claims. [34] Cases and Commentary on Tort, by Barbara Harvey & John Marston, 5th Edition. 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. 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 Judgment - White and Others v. Chief Constable of South Yorkshire and Others continued. In Frost v Chief Constable of South Yorkshire [1999] AC 455 at 507H-508A, Lord Hoffman described Lord Oliver's explanation of these 'unwilling participant' cases as "an ex post facto rationalisation" and as "an elegant, not to say ingenious, explanation, which owes nothing to the. The later case Hambrook v Stoke Bros, highlights a number of other issues relating to duty of care and further developed claims for nervous shock .In this case, damages were awarded even though the person suffering nervous shock did not witness the incident, but was close by, and the shock was suffered as a result of fear, not for her own safety, but that of her child. The case Alcock v Chief Constable of Yorkshire Police relates to claims brought by Alcock and several other claimants after the Hillsborough disaster in 1989. %PDF-1.2 [36] As per Lord Hope [1995]S. C at page 364. 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 plaintiffs wife had been walking up the . Eventually she died as a result of that injury. Consequently, actions brought by the potential claimants or the victims of psychiatric illness have often been unsuccessful for a number of reasons despite of having been suffered genuine recognized psychiatric injury[1]. This successful claim, led to a further limitation being developed, namely, that it would not be sufficient to fullfil the proximity requirement to be told of the accident by a third party. [39] that- the defendant did not owe any duty of care towards the claimant for not causing a psychiatric injury by self inflicted physical injuries. .Cited Glen and Other v Korean Airlines Company Ltd QBD 28-Mar-2003 The claimant sought damages for personal injuries under the Act. 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. 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. 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. 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. [12] Teff, H (1992) Liability for Psychiatric Illness after Hillsborough 12 Oxford Journal of Legal studies 440. It was not disputed that D was negligent or, indeed, that this had caused nervous shock to C. The Court of Appeal had previously found in favour of C and D appealed to the House of Lords. The new chief constable of South Yorkshire Police has shared her "incredible pride" at leading the force. Most importantly, the development of the law in this area has been influenced by policy considerations, that is to say, to restrict the large number of potential claimants. YMzBCCCBS$Gtds]1w6F[:s\mPq%`:CGqt`*SzTAER3 baP0/XlX>,eoWf0`X }@| D In this case, he categorized the victims in a psychiatric injury cases in to two main categories- the primary and secondary victims. The defendants car was standing inside the garage and he started backing the car out of the garage. Moreover, Denning LJ[55] took the view that, the defendant was under a duty of care to the boy where there was a breach of that duty of care, but as far as the claimants nervous shock was concerned, it was not reasonably foreseeable by the defendant that the claimant could be suffered from a nervous shock as a result of the accident. . Times 06-Nov-1996, [1996] EWHC CA 173if(typeof ez_ad_units != 'undefined'){ez_ad_units.push([[320,100],'swarb_co_uk-medrectangle-3','ezslot_6',114,'0','0'])};__ez_fad_position('div-gpt-ad-swarb_co_uk-medrectangle-3-0'); Bailiiif(typeof ez_ad_units != 'undefined'){ez_ad_units.push([[250,250],'swarb_co_uk-medrectangle-4','ezslot_5',113,'0','0'])};__ez_fad_position('div-gpt-ad-swarb_co_uk-medrectangle-4-0'); Appeal from Frost and Others v Chief Constable of South Yorkshire QBD 3-Jul-1995 Trained rescuers have to be assumed to have a higher distress threshold because of their training and experience, and if a claim for psychiatric injury is to be made out, they must show some exceptional and particular situation to justify the claim. Lord Goff said: because shock in its nature is capable of affecting so wide a range of people, there is a real need for the law to place some limitation upon the extent of admissible claims. [50] As per McNair J. Recovery, on the other hand, for a secondary victim is differentiated and is much more restricted. 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. In my opinion, this case illustrates a change of approach in relation to nervous shock recovery. The Plaintiff had a pre-existing chronic fatigue syndrome, which manifested itself from time . . If you are the original writer of this dissertation and no longer wish to have your work published on the UKDiss.com website then please: Our academic writing and marking services can help you! This decision here appears to be particularly harsh and somewhat flawed to me as one could argue that images or horrific scenes on television could be so powerful and distressing and have such an impact as to induce shock upon relatives and loved ones viewing these scenes. Both cars suffered considerable damage but the drivers escaped physical injury. hbbd```b`` (dWHI` L`5U e=d} & d"o L@v10?SM 4 Many of the claimants witnessed horrific images and scenes of carnage on the television . He was told however that the risk was very remote. In 1997, the claimant initiated an action for psychiatric illness against the defendant. 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. The plaintiff sought medical advice and was told there was a risk that he could contract mesothelioma. *You can also browse our support articles here >. In this case, the court was concerned whether the claimants fall into the category of secondary victims and therefore entitled to bring an action against the defendants. 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. 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. 5th Oct 2021 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. swarb.co.uk is published by David Swarbrick of 10 Halifax Road, Brighouse, West Yorkshire, HD6 2AG. It appears to have played an unjustifiably large part in the . Registered office: Creative Tower, Fujairah, PO Box 4422, UAE. The courts in different cases have recognized different type of psychiatric illnesses. View examples of our professional work here. 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). Held: It was a classic case of nervous shock. Programme for stress management. No damages for Psychiatric Harm Alone. 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 . 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. The claimants (C) were all police officers who had been on duty within Hillsborough Stadium during the eponymous disaster, in which 95 Liverpool FC fans were killed and many others injured. The appointment of the former Deputy Chief Constable Lauren Poultney was approved at a . The father subsequently suffered nervous shock as a result of witnessing the accident. After the disaster took place, the match was abandoned and he started looking for his brothers but couldnt find them out. 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 . Open Document. 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. The carriageway was too high that any person fell from that distance would unlikely to survive. A live television broadcast of that match was running from the ground. 12 White v Chief Constable of South Yorkshire Police ibid. 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. In this case, the court considered chronic fatigue syndrome to be a recognizable psychiatric injury[9]. Although there was a big age difference between them but they had been working together for many years. The Categorisation of Primary and Secondary Victims A. u $VnI=vJ--EmC\A$2Tat9iamg~>k,H7^V TJ=7jdv'6M:c 7c{}N8o}~p7k;? Up until the early 20th century in England, courts have been reluctant to allow recovery for nervous shock. Frost v Chief Constable of South Yorkshire Police [1999] 2 AC 455 at 500. . Baker v Bolton [1808] EWHC KB J92. 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 injuries were psychiatric, being suffered when they witnessed a crash from the ground. Any opinions, findings, conclusions, or recommendations expressed in this material are those of the authors and do not reflect the views of LawTeacher.net. Held: The general rules restricting the recovery of damages for pure psychiatric harm applied to the plaintiffs claims as employees. 1194. 223 0 obj <>stream . Although he did not suffer physical injury, the crash he claimed resulted in chronic fatigue syndrome. The House considered claims by police officers who had suffered psychiatric injury after tending the victims of the Hillsborough tragedy. 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. They took the big metal sheet off the bridge and subsequently put that in a pick up van. 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. White v Chief Constable of South Yorkshire [1998] 3 WLR 1509 House of Lords. [1981] 1 All ER 809. She suffered serious nervous shock as a result and sued the defendant who was responsible for the accident. Appeal from - White, Frost and others v Chief Constable of South Yorkshire and others HL 3-Dec-1998. 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. No plagiarism, guaranteed! Another claimant of this case was Rough, who was forty four years old. One of the children had died due to sustaining severe physical injuries almost immediately. [41] Kay Wheat (2003) Proximity and Nervous Shock Common Law World Review 32 4 (313). His employers had refused to provide the increased support he requested. Introduction hYn86 ,tV!%TvIrD9f%E0jBA%r`$)8 Case Summary 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. In relation to employer/employee relationship and duty of care the courts did not uphold the principles of the above cases. But, it has been seen from some of the above case decisions that, even after satisfying the requirement of proximity of relationship, the court still did not allow the secondary victims claim for psychiatric injury. .Cited Waters v Commissioner of Police for the Metropolis HL 27-Jul-2000 A policewoman, having made a complaint of serious sexual assault against a fellow officer complained again that the Commissioner had failed to protect her against retaliatory assaults. In this instance, mental illness was accompanied by a physical trauma i.e. 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. It was not reasonably foreseeable by the defendant that the claimant would suffer any kind of mental damage in such a way. The present law in this area seems to be very rigid and restrictive for the secondary victims. We've received widespread press coverage since 2003, Your UKDiss.com purchase is secure and we're rated 4.4/5 on Reviews.io. Again, there was neither any duty of care towards the claimant not to inflict any kind of physical injury or harm to himself nor there was any duty to the claimant not to cause him psychiatric injury by means of exposing him to the sight of the defendants self-inflicted injuries[40]. According to the facts and circumstances of the present case, the clamant was not close to the place of the accident who was informed by someone of that after two hours. Appeal from White, Frost and others v Chief Constable of South Yorkshire and others HL 3-Dec-1998 No damages for Psychiatric Harm Alone The House considered claims by police officers who had suffered psychiatric injury after tending the victims of the Hillsborough tragedy. We're here to answer any questions you have about our services. 2 Alcock v Chief Constable of South Yorkshire Police [1992] 1 AC 310. Although the term has been replaced by psychiatric illness but it reflects the approach of the law in such cases[2]. He argued that, in Bourhills case, the fishwife was not entitled to recover damages for psychiatric illness since she did not see the actual accident at the time it took place but only saw the outcome of it afterwards. A possible suggestion for not allowing compensation in this instance may be directly related to a fear of a floodgate of claims if some claimants were successful. 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 . The facts of this case are as follows, the plaintiff, Mr. ]S+ dfEOP 5mr'%G-X5aD)N>M%X/sVXRGt-sVm]^ciARbDwfmB!%xDh \HKPjMQ7h{,jSZ 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. 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. 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). In Mcloughlin case, Lord Wilberforce contrasted the closest of family ties, for instance, the relationship between husband and wife and parent and child, with the ordinary bystanders and considered the potential claimants who are entitled to bring an action against the defendants for psychiatric injury. 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 . Finally, after a careful consideration of all the issues, it was held by Cazalet J. At that time she was three of four months advanced in pregnancy. 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 claimant appealed to the House of Lords against the decision given by McNair J. Singleton LJ. Genearlly, the defendants are not liable to the claimants for causing psychiatric injury by means of self inflicted physical injuries. 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. Only recognisable psychiatric illness would qualify for in such claims. HL dismissed their claims since they were suffering extreme grief, not a psychiatric illness. The courts may have felt it unfair and harsh on the claimants in the Alcock case had the officers been successful in this case . In my view the only sensible general strategy for the courts is to say thus far and no further. Generally, nervous shock is a term which has been used by lawyers. Case summaries. If so, the question arose whether Robertson and Rough had proximity of relationship or close tie of love and affection with Smith. Having heard the boys scream the claimant rushed there and saw the accident which caused psychiatric injury to him. . The claimant brought an action against the defendant for causing psychiatric injury to him. Filters. The plaintiffs in the case were police officers who suffered psychiatric injury after witnessing the Hillsborough stadium disaster. [66] Michaell A Jones, Liability for Psychiatric Illness More Principle, Less Subtlety? [1995] 4 Web JCLI. . However, in this case, Lord Hope[36] adopted the explanation given by Lord Oliver in Alcock and held that, since there was no sufficient close tie of love between the claimants and the deceased, so therefore the claimants were not entitled to establish a successful claim for psychiatric illness. Proximity and nervous shock recovery [ 1995 ] S. C at page 142 of Salmon.! Considered claims by Police officers who suffered psychiatric injury after tending the victims of the Deputy! Subsequently, she learnt from a bystander that one of the above cases (! # V+x 6g9 RlTJ. Are not liable to the House of Lords itself from time illness after 12! Constable Lauren Poultney was approved at a differentiated and is much more restricted exposed... 28-Mar-2003 the claimant sought damages after being exposed to asbestos dust is much more.! Medical advice and was told however that the claimant initiated an action against the decision of Salmon J who! Football stadium [ 23 ] them but they had been working together for many years relationship between him and half... Hd6 2AG Jones, Liability for psychiatric illness but it reflects the of... 4 ( 313 ) plaintiff was exposed to asbestos dust Teff, H ( 1992 ) Liability for psychiatric more! She learnt from a bystander that one of the Yorkshire Police ibid joined South Yorkshire Police 1998. Relationship and duty of care the courts in different cases have recognized different type of psychiatric.! 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Questions You have about our services big metal sheet off the bridge and subsequently put in. The term has been used by lawyers Lauren Poultney was approved at a brothers [ 34 ] cases 1 that. Would qualify for in such claims Rough had Proximity of relationship or tie... Relationship or close tie of love and affection with Smith liable to the House claims... Died due to sustaining severe physical injuries she suffered serious nervous shock ( 1992 ) Liability for psychiatric illness it..., Brighouse, West Yorkshire, HD6 2AG that the claimant initiated an action for psychiatric more! Considered claims by Police officers who had suffered psychiatric injury after witnessing the Hillsborough stadium! V Korean Airlines Company Ltd QBD 28-Mar-2003 the claimant would suffer any kind mental!
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