The case centred upon the liability of the police for the nervous shock suffered in consequence of the events of the Hillsborough disaster . Disclaimer: This work was produced by one of our expert legal writers, as a learning aid to help law students with their studies. Free resources to assist you with your university studies! In England, the Dulieu v White and Sons [1901]2 KB 66 9 case was a landmark case in terms of the recovery of claims for psychiatric illnesses. [25] As per Parker LJ [1991] 3 All ER 88 at 92-94. Afterwards she went down to the corridor and came across one of her children crying who had fer face cut and discoloured with mud and soil. The claimants, as secondary victims, had to satisfy the criteria for the imposition of liability formulated by the House of Lords in McLoughlin v O'Brian [1983] 1 AC 410 and Alcock v Chief Constable of South Yorkshire Police [1992] AC 310. 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. .Cited Glen and Other v Korean Airlines Company Ltd QBD 28-Mar-2003 The claimant sought damages for personal injuries under the Act. They said that the defendants negligent treatment allowed the attack to take place. Firstly the court held that despite the fact that the plaintiff was approximately two miles away from the incident and did not arrive at the hospital until one hour after the incident; the scene at the hospital (all victims were still covered in mud and oil) was such to render her proximate to the accident. Lord Steyn's observation in Frost v Chief Constable of South Yorkshire Police [1999] 2 AC 455, was that while, "the law on the recovery of compensation for pure psychiatric harm is . Nor is any duty of care owed to a rescuer lacking ordinary courage. complexities encountered by the court in Frost in applying the principles laid down by Alcock v Chief Constable of the South Yorkshire Police14 and Page v Smith15 are also highlighted. 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. All of them were connected in various ways . ]S+ dfEOP 5mr'%G-X5aD)N>M%X/sVXRGt-sVm]^ciARbDwfmB!%xDh \HKPjMQ7h{,jSZ . 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. 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 . But that would be contrary to precedent and, in any event, highly controversial. Lists of cited by and citing cases may be incomplete. The court took the view that, none of the claimants were entitled to recover damages for psychiatric illness. 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. Subsequently, breaking news in relation to the disaster was broadcasted over the television as well as radio time to time. However, during the journey, a very strong wind thrown the metal sheet and Smith away while he was sitting on top of it. His brother in law and his nephew also had been present in the football ground who was watching the live match from the terrace. Page -v- Smith [1995] 2 All ER 736 at 759, 761 per Lord Lloyd. 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. The victims were taken to the nearest hospital by that neighbour. Firstly shock had to occur as a result of what the plaintiff witnessed from his / her unaided senses .This required that the plaintiffs be close to the event. 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]. There are a number of cases where the Courts continued to maintain that, in order to make a successful recovery of damage for psychiatric injury the secondary victims must satisfy proximity of relationship or close tie of love and affection with the primary victims. 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. Cited - Alcock and Others v Chief Constable of South Yorkshire Police HL 28-Nov-1991. So, according to the decision given by the House of Lords in this case, the court will only allow the secondary victims to establish a claim and recover damages for psychiatric illness if the following three elements are satisfied by the claimants. This principle was later applied in Alcock v Chief Constable of South Yorkshire Police. Dulieu v White and Sons (1901) 2 K.B. but the court dismissed their claims for damages, claiming that they did fulfill the criteria of rescuers. In this case, the defendants servant negligently left a motor lorry on a street with the engine running. Criticised Page v Smith HL 12-May-1995 The plaintiff was driving his car when the defendant turned into his path. Sometimes, the policy consideration came on the way of the secondary victims as an obstacle which did not let the courts give decisions in their favour. *595 Robinson v Chief Constable of West Yorkshire Police. 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. He suffered a mental breakdown in 1986, and had four months off work. %PDF-1.2 But he further took the view that, there is no reported English case decision where it has been established that whether a defendant owes any duty of care towards the claimant for not causing him a psychiatric injury by self inflicted injuries. It was not reasonably foreseeable by the defendant that the claimant would suffer any kind of mental damage in such a way. [29] As per Lord Oliver [1992] 1 AC 310 at page 417. 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. 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. It was held by the court that (according to the decision of Bourhill case), the defendant owes no liability towards the claimant although there was a liability in relation to the accident of the boy. He had returned to work, but again, did . The appointment of the former Deputy Chief Constable Lauren Poultney was approved at a . In this case, the British High Court ruled that a plaintiff, a bar maid, could recover damages for nervous shock even though no actual impact was involved in the accident. endstream endobj startxref He was told however that the risk was very remote. The Law Commission Report, Liability for Psychiatric Illnesses, McLaughlin v O Brian (1983) AC 410 310 AT 407. In that case it was not reasonably freseeable by the defendant that the claimant was going to suffer from psychiatric illness after witnessing the accident. In order to establish a claim and recover damages for psychiatric illness the secondary victims must satisfy the proximity of relationship[15]. 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. In this case, he categorized the victims in a psychiatric injury cases in to two main . Taylor v Somerset HA [1993] PIQR P 262 2. Before making any decision, you must read the full case report and take professional advice as appropriate. The Chief Constable of South Yorkshire has admitted liability in negligence in respect of the deaths and physical injuries. [34] Cases and Commentary on Tort, by Barbara Harvey & John Marston, 5th Edition. Comparison of the Effect of Classical and Heavy Metal Music on Productivity and Mental Health. Keywords: rescue; compensation for hillsborough rescuers. Others identified bodies in temporary constructed morgues in the stadium. Rough was also driving another van from a few feet behind the Robersons van. 1194. She suffered serious nervous shock as a result and sued the defendant who was responsible for the accident. l'LCocI2Vp.0c 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]. 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. This time the ground for appeal was whether the defendants could have reasonably foreseen the psychiatric illness suffered by the claimants or secondary victims. About after two hours she was informed by a neighbour of the road accident in which her family members were involved. There is indeed a sense of remoteness in this case. However, in this case, it was held by the House of Lords that, none of the appellants were entitled to establish a claim and recover damages for psychiatric illness. 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 my view the only sensible general strategy for the courts is to say thus far and no further. Cazalet J. agreed with the claimant that he meets all the recovery criteria that govern a claim for psychiatric injury sustained by him. Also the plaintiff had to establish that the nervous shock caused by the accident, resulted from her fear for her own safety. 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. Only full case reports are accepted in court. The law has imposed lots of requirements for the secondary victims before they can successfully make a psychiatric injury claim. Finally, the secondary victim is required to satisfy the court that his psychiatric illness was a direct result of witnessing or hearing of the traumatic event or its immediate aftermath[26]. As far as the secondary victims claim for psychiatric illness is concerned, Lord Keith[27] in this case took the opinion that- he must establish a close tie of love and affection with the primary victim. Cited Alcock and Others v Chief Constable of South Yorkshire Police HL 28-Nov-1991 The plaintiffs sought damages for nervous shock. 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. stream 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. The caimant was summoned by the hospital authority in order to see her injured family members. 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! The requirement of immediate aftermath principle was firmly established in the case of Mcloughlin v O Brian[67]. [7] Again, Hoffman L.J in the case of Page v Smith[8] defined psychiatric illness as a mental trauma. .Cited Barber v Somerset County Council HL 1-Apr-2004 A teacher sought damages from his employer after suffering a work related stress breakdown. A number of claimants had witnessed the horrific scenes on the television or had been informed by a third party. Pages 14 Course Hero uses AI to attempt to automatically extract content from documents to surface to you and others so you can study better, e.g., in search results, to enrich docs, and more. 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. [2] Psychiatric Injuries: The present and the Future by 12 Kings Bench walk. 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. In other words psychiatric shock was to be treated as direct personal injury. 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. See para 1.5 n 14 below. Then she went to see another child and found him unconscious. 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. Section A The codification of directors duties was an unnecessary step. The best example is Boardman and Another v Sanderson and Another[56]. The plaintiff, Mr Smith was deemed to be a primary victim, since he was involved in the accident and risked personal injury. Lord Dyson MR felt that damages for psychiatric illness could not be recovered in respect of consequences witnessed months, and . The outcome of this case is particularly note worthy. Firstly, it fell to be determined whether an employer owed a duty of care to protect their employees from psychiatric injuries they may incur in the course of their employment. hYn86 ,tV!%TvIrD9f%E0jBA%r`$)8 N>7>@s!z9@-w9Hy^O1? M:fXxKGkYqLfX A Ai>|N_*HbOsu.7B ovRl-#GQcLXH`{70l191X?@j`P02:vKX @9E. 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. A rescuer, not himself exposed to physical risk by being involved in a rescue was a secondary victim, and as such not entitled to claim. The defendants car was standing inside the garage and he started backing the car out of the garage. [27] As per Lord Keith [1992] 1 AC 310 at page 397. 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. 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. The claimants eight year old son was very close to the near side door of the car and was playing there. 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. School King's College London; Course Title LAW 10999; Uploaded By ColonelHeatKudu28. C brought an action in negligence (and/or breach of statutory duty) against their employer, the Chief Constable of South Yorkshire Police (D), for . This was not the situation prior to this case. We and our partners share information on your use of this website to help improve your experience. Looking for a flexible role? 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. White (Frost) v Chief Constable of South Yorkshire Police [1999] 2 AC 455 (Hillsborough, police on duty) The Control Mechanisms - Alcock 1. 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. No plagiarism, guaranteed! In this case, Lord Oliver[29] took the view that-Brian Harrison, one of the appellants, lost his two brothers but still failed in his action in spite of his presence in the stadium, because he produced no evidence of close tie of love with his two brothers. 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. The courts in a number of cases have attempted to define the psychiatric illness. Different kinds of harm The horrific events of 15 April 1989 at the . 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. Prior to this, the initial response of the common law to claims relating to nervous shock, was to deny responsibility. In this instance, a victims brother in- law visited the stadium make shift morgue a few hours after the disaster . 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. They used to walk to and from their workplace quite frequently. Steyn's introductory observations in his speech in R(S) v Chief Constable of the South Yorkshire Police [2004] 1 WLR 2196, which concerned DNA, emphasised the public benefits in law enforcement agencies using new technology at [1]- [2]: "1. Law visited the stadium the full case Report and take professional advice as appropriate South. At page 397 ` $ ) 8 N > M % X/sVXRGt-sVm ]!... Ac 410 310 at page 397 in Alcock v Chief Constable of Yorkshire... 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