frost v chief constable of south yorkshire

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. [57] A Selection Of Cases Illustrative of the English Law of Tort by Kenny, Courtney Stanhope: Fifth Edition. They had watched on television, as their relatives and friends, 96 in all, died at a football match, for the safety of which the defendants were responsible. Disclaimer: This essay has been written by a law student and not by our expert law writers. [9] NJ Mullany, Psychiatric damage in the House of Lords- Fourth time Unlucky: Page v Smith (1995) 3 Journal of Law and Medicine 112. Lord Jauncey[32] took the view that such a categorization would be illogical as well as arbitrary. .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. In the case of bystanders, it is not generally foreseeable by the defendants that such a person would suffer from psychiatric injury. 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. Although, there was a rebuttable presumption that, in some cases, the close tie of love may exist between the engaged couples which might be even stronger than that of the married couples. For example, in Hinz v Berry[3], the court recognized morbid depression as a recognizable psychiatric illness. As soon as she arrived to the hospital, she was informed that her youngest daughter was killed. More news from across Yorkshire It does not merely include the very accident that caused the death or injury to the primary victims but it also includes the immidiate aftermath of the accident[66]. However, during the journey, a very strong wind thrown the metal sheet and Smith away while he was sitting on top of it. Different kinds of harm The horrific events of 15 April 1989 at the . School King's College London; Course Title LAW 10999; Uploaded By ColonelHeatKudu28. 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 . Fletcher v Commissioners for Public Works [2003] 2 I.L.R.M.94. Only Parliament could take such a step. 10 Alcock v Chief Constable of South Yorkshire Police . Held: The general rules restricting the recovery of damages for pure psychiatric harm applied to the . The defendant argued that, there was no negligence on his part as far as the claimants psychiatric illness was concerned. The function of the defendants was to maintain and operate the bridge. Keywords: rescue; compensation for hillsborough rescuers. 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. 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. 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. Many of the 1.3 million residents of South Yorkshire have had enough. Registered office: Creative Tower, Fujairah, PO Box 4422, UAE. The term is used to describe psychiatric injury or illness which is caused by the defendant. In other words psychiatric shock was to be treated as direct personal injury. 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. miscarriage. One of the children had died due to sustaining severe physical injuries almost immediately. The second solution is to abolish all the special limiting rules applicable to psychiatric harm. Top Tier Firm Rankings. The case of White and Others v Chief Constable of South Yorkshire (1998) QB 254 elicited need for necessary distinctions between physical injury and nervous shock and has had an impact on nervous shock claims by bringing other policy considerations into play, for example the Criminal Injuries Compensation Scheme and the Criminal Justice Act of . denitions given by Lord Oliver in Alcock v Chief Constable of the South Yorkshire Police[1992] are sufcient for present purposes: a primary victim is someone 'who is involved either mediately or immediately as a participant in an accident' a secondary victim is someone who is 'no more than a passive and unwilling witness of an So, finally, the House of Lord dismissed the appeal made by the claimant. Marital or parental relationship between plaintiff and . 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. Regretted Page v Smith HL 12-May-1995 The plaintiff was driving his car when the defendant turned into his path. Interestingly, in this instance, the courts decided that it was not necessary for the plaintiff to actually witness the incident. The English law of negligence in relation to nervous shock or psychiatric illness is often considered as unfair and unsatisfactory by the defendants, claimants and even by the judges. The caimant was summoned by the hospital authority in order to see her injured family members. The case of Alcock v Chief Constable of South Yorkshire[22]is the best example which provided the criteria for recovery of psychiatric injury claims by the secondary victims. Mental Health of Adolescent and Young Adult Cancer Survivors. 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! . The courts in different cases have recognized different type of psychiatric illnesses. Published: 2nd Jul 2019. 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. 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 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 question was whether, having regard to the fact that she had suffered sorrow and grief it would not be to . In the case of Benson v Lee[62], the claimant was informed that her son had an accident and sustained injuries. However , he was failed to meet the criteria of immediate aftermath of the disaster. After the dismissal from the Court of Appeal, ten of the claimants made an appeal to the House of Lords against the decision given by the Court of Appeal. 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 . Nor is any duty of care owed to a rescuer lacking ordinary courage. 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. On the otherhand, the defendant admitted that he was negligent in relation to the accident of the boy but he denied any kind of liability or duty of care towards the claimant as far as her psychiatric injury was concerned. The lorry ran violently down the hill. .Cited French and others v Chief Constable of Sussex Police CA 28-Mar-2006 The claimants sought damages for psychiatric injury. Lord Dyson MR felt that damages for psychiatric illness could not be recovered in respect of consequences witnessed months, and . However, liability could not be avoided if the accident took place very close to him and was so horrific. The issue of communication by television was raised but not adequately dealt with. 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! [19] As per Lord Wilberforce [1883] 1 A.C. 410 at Page 411. 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. Like the case of Alcock v Chief Constable of South Yorkshire, this case arose from the disaster that occurred at Hillsborough football stadium in Sheffield in the FA cup semi-final match between Liverpool and . In those cases the court still allowed the claimants to establish a claim and recover damages for psychiatric injury notwithstanding the fact that the secondary victims were not actually present at the scene of the accident. The first is to wipe out recovery in tort for pure psychiatric injury. It appears in analysing this case that the House of Lords were conscious of the judgment made in the Alcock case. 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. However in relation to claims brought by siblings this close relationship had to be proven by evidence. Judgement for the case White v Chief Constable of South Yorkshire. As secondary victims they, like the bystanders or spectators, were not entitled to recover damages for their psychiatric illness. The very moment Smith was being thrown off the van by the wind, Robertson did not in fact see what happened as he was driving. Take a look at some weird laws from around the world! 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. They said that the defendants negligent treatment allowed the attack to take place. !L Eventually, at about midnight, having gone to the mortuary he managed to identify the bruising dead body of his brother in law. u $VnI=vJ--EmC\A$2Tat9iamg~>k,H7^V TJ=7jdv'6M:c 7c{}N8o}~p7k;? In this case, the claimant argued that he was entitled to recover damages for psychiatric injury as he satisfied all the additional criteria for recovery which have been laid down in the case of Alcock[38]. 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. [12] Teff, H (1992) Liability for Psychiatric Illness after Hillsborough 12 Oxford Journal of Legal studies 440. [10] Kay Wheat (1998), Liability of psychiatric illness- the Law Commission Report Journal of Personal Injury Litigation. In the case of Mcloughlin v O Brian[18], Lord Wilberforce[19] took the view that, the reasonable foreseeability should be the only criteria to determine the defendants liability towards the class of person to whom the duty of care might be owed not to inflict any psychiatric injury through nervous shock sustained by reason of physical injury or peril to another. It is an important matter of discussion what is actually meant by psychiatric illness or if there is any specific definition of psychiatric illness under the English law of tort. 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. Primary victims are victims who are imperilled or reasonably believe themselves to be imperilled by the defendants negligence.Lord Steyn said: the law on the recovery of compensation for pure psychiatric harm is a patchwork quilt of distinctions which are difficult to justify. 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. Any opinions, findings, conclusions, or recommendations expressed in this dissertation are those of the authors and do not necessarily reflect the views of UKDiss.com. A live television broadcast of that match was running from the ground. Subsequently, breaking news in relation to the disaster was broadcasted over the television as well as radio time to time. Unless and until there is clear evidence of having the close relationship or a close tie of love with the person (primary victims) who is injured or within the zone of danger, the court will not allow any claims for psychiatric injury brought by the secondary victims. 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. [15] Kay Wheat (2003) Proximity and Nervous Shock Common Law World Review 32 4 (313). Similarly there are some other cases where the claimants were not actually present at the scene of the accident but the court still held the defendant liable for negligently inflicting psychaitric injury to the claimants. Free resources to assist you with your legal studies! The police failed to control crowed at the match. The Second Defendant relies on the view of the majority of the House of Lords in White v Chief Constable of South Yorkshire [1999] 2 AC 455 (also known as Frost v Chief Constable of South Yorkshire) that, for a rescuer to be regarded as a primary victim, it must be shown that they were exposed to the risk of physical injury or reasonably . Close ties of love and affection was assumed in relation to parent- child and spouse relationships. Taylor v Somerset HA [1993] PIQR P 262 2. Others identified bodies in temporary constructed morgues in the stadium. 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