Prior to the Page v Smith case it was assumed that reasonable foreseeability of psychiatric illness was required in all cases of negligently inflicted psychiatric illness and that all such plaintiffs must be persons of normal disposition.. D h.d.CFPxe @0RI4 #Pm'Qc^FF" -P!P)Hljc6f.X{81,qxn;G#1t._!c 6jlw(9OAEiQ*Jr.JEW; v}qsF{-HE qx#>#erJ5$afH" :s8C1@( di4)bH'=8 pKzx2DjkZhh"lc+*`>p@>*& "$x Interestingly, it was also stated the purpose of the visit was to identify the body and not to aid the injured or rescue victims as in other compensation cases. Frost v Chief Constable of South Yorkshire Police [1998] QB 254 permitting recovery by injured on- duty police officers. Copyright 2003 - 2023 - LawTeacher is a trading name of Business Bliss Consultants FZE, a company registered in United Arab Emirates. So, after a very careful consideration of the facts and surrounding circumstances, his Lordship dismissed the defendants appeal. 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 . In the case of Frost v Chief Constable of South Yorkshire Police [5], . However, as far as their claim for psychiatric illness was concerned, the court was neither convinced with the surrounding facts and circumstances that there was sufficient close tie of love and affection with the claimants and the primary victim nor was convinced that the psychiatric illness that they had sustained was reasonably foreseeable by the defendant in accordance with the recovery criteria for psychiatric illness established in the leading case of Alcock. However in relation to claims brought by siblings this close relationship had to be proven by evidence. . 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. It appears to have played an unjustifiably large part in the . Take a look at some weird laws from around the world! The claimant appealed against the decision of the trial judge to the Court of Appeal. The defendant relied on the decision of the case in Bourhill v Young[48] with a view to support his arguement and stated that the psychiatric injury to the mother was not reasonably foreseeable as she was not within the range of reasonable anticipation. Page -v- Smith [1995] 2 All ER 736 at 759, 761 per Lord Lloyd. 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 . Bourhill v Young[49] was a case of Edinborough fishwife who suffered nervous shock as a result of the negligence of the defendant motorcyclist who brought about a collision and made the claimant so upset that she had a miscarriage. (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. Positive/Neutral Judicial Consideration . [1992] 1 AC 310 Lord . 141. The claimant brought an action against the defendant for causing psychiatric injury to him. Donaghue v Stevenson [1932] A.C. 532. He suffered only psychiatric injury. It was argued that the defendants had failed to take adequate precautions to protect the plaintiff. Lord Bridge in McLoughlin v OBrian required that a plaintiff must not merely suffer grief, distress or any other normal emotion, but a positive psychiatric illness. 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. An action for negligence was brought into the court against the Chief Constable of South Yorkshire Police. He was not a rescuer, and nor had . [7] Nervous Shock-when is it compensable? 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 . 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. While Robertson was driving the van, Smith was sitting on top of the metal sheet. 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]. A primary victim could now recover for psychiatric illness even when this is not reasonably foreseeable, so long as the physical injury, which need not actually occur, is foreseeable. The court considered her to be outside the area of potential danger. 12 0 obj They were police officers who had been subject to unsuccessful proceedings following a shooting of a member of the public by their force. As a result of the tragic death of his workmate he was so upset and mentally distressed. Precedent rules out this course and, in any event, there are cogent policy considerations against such a bold innovation. The Plaintiff had a pre-existing chronic fatigue syndrome, which manifested itself from time . Disclaimer: This essay has been written by a law student and not by our expert law writers. The appellants who had been present at the stadium during the match but failed in their action because they could not establish the fact that the primary victims were sufficiently close to them. Many of the claimants witnessed horrific images and scenes of carnage on the television . [57] A Selection Of Cases Illustrative of the English Law of Tort by Kenny, Courtney Stanhope: Fifth Edition. The plaintiff worried excessively and developed reactive anxiety neurosis, a psychiatric illness. They would allow claims for pure psychiatric damage by mere bystanders: see (1997) 113 LQR 410, 415. This . Held: It was a classic case of nervous shock. *You can also browse our support articles here >. By Christopher Gardner, QC, Lamb Chambers. HL dismissed their claims since they were suffering extreme grief, not a psychiatric illness. The court held that the defendant was liable for negligence and allowed the claimant to recover damages for psychaitric illness as the mental injury to the claimant was reasonably foreseeable by the defendant[65]. The mother came across the tricycle which was lying underneath the taxicab but failed to see the boy. This time the ground for appeal was whether the defendants could have reasonably foreseen the psychiatric illness suffered by the claimants or secondary victims. He successfully adduced evidence that there was a very close and intimate relationship between him and his half brothers[34]. This was an event of 19th October 1973. In this case the plaintiff was exposed to asbestos dust. 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. Regretted Page v Smith HL 12-May-1995 The plaintiff was driving his car when the defendant turned into his path. 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 was a case which involved a huge disaster in the Hillsborough football stadium[23]. The new chief constable of South Yorkshire Police has shared her "incredible pride" at leading the force. The children had severe head and face injuries, concussion and fractures. 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. These standard criteria have made it more difficult to claim damages in Irish courts. 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. . Page -v- Smith [1995] 2 All ER 736 at 759, 761 per Lord Lloyd. Registered office: Creative Tower, Fujairah, PO Box 4422, UAE. The second issue was- whether the defendant owes a duty of care to the claimant not to inflict any kind of physical injury or harm to himself. Alcock -v- The Chief Constable of South Yorks [1992] 1 AC 310. C brought an action in negligence (and/or breach of statutory duty) against their employer, the Chief Constable of South Yorkshire Police (D), for . 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 . .Cited Rothwell v Chemical and Insulating Co Ltd and Another CA 26-Jan-2006 Each claimant sought damages after being exposed to asbestos dust. Also the plaintiff had to establish that the nervous shock caused by the accident, resulted from her fear for her own safety. 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. Hicks v Chief Constable of the South Yorkshire Police [1992] 2 All ER 65. not medically recognised condition: fear, it is a normal emotion; . Alcock v Chief Constable of South Yorkshire Police [1992] 1 AC 310. Courts must therefore act in company and not alone. 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. 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! 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. During the course of the disaster, scenes were broadcasted live on the television. Initially Alcock was not worried about his brother in law as he believed that he would be watching the match from another stand of the stadium which was safe. He suffered a mental breakdown in 1986, and had four months off work. The outcome of the Frost v Chief Constable Of South Yorkshire Police case, in which the House of Lords decided that the plaintiffs ( police officers) who, as a result of assisting the victims of the Hillsborough disaster ,which had been caused by negligence,( for which the Chief Constable was liable) , were not entitled to damages for nervous shock , either because their employment relationship gave rise to duties which were not owed to strangers, nor as rescuers , I feel gives credence to this statement by Lord Steyn . The injuries were psychiatric, being suffered when they witnessed a crash from the ground. Mentioned Walker v Northumberland County Council QBD 16-Nov-1994 The plaintiff was a manager within the social services department. !L His Lordship continued that, the court will not interfere with the decision given by Salmon LJ and accept that the defendant was liable for the boys accident which resulted in a psychiatric injury to the claimant. 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 that case, the defendant did not reasonably foresee that the claimant would suffer from psychiatric injury as she was too far away from the actual place of the accident. In-house law team, White and Others v Chief Constable of the South Yorkshire Police [1999] 2 AC 455, NEGLIGENCE PSYCHIATRIC DAMAGE LIABILITY TO RESCUERS DISTINCTION BETWEEN PRIMARY AND SECONDARY VICTIMS. 669. 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 . It must be left to Parliament to undertake the task of radical law reform.. 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. [70] As per Griffith LJ [1981] 1 All ER 809 at page 829. 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. 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. Cases Referenced. Hall v gwent healthcare nhs trust 2004 qb c hall was. 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). 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. In this instance, mental illness was accompanied by a physical trauma i.e. I conclude by wholeheartedly agreeing with Lord Steyns statement that The Law on the recovery of compensation for pure psychiatric harm is a patchwork quilt of distinctions which are difficult to justify and I feel, the cases discussed in this essay clearly support my viewpoint. All work is written to order. When the defendant started backing his car out, Keith Keel began to give directions to the defendant from behind the car in order to prevent any collision with the pillar or any other cars. Facts. The above judgment in White v The Chief Constable allowed the defendants' appeal against the 1997 Court of Appeal decision in Frost & Ors. Many of the spectators saw their friends and relatives die in the crush and suffered nervous shock after the incident. The most recent of which was Frost v The Chief Constable of South Yorkshire which resulted from the Hillsborough tragedy. 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