[66] Michaell A Jones, Liability for Psychiatric Illness More Principle, Less Subtlety? [1995] 4 Web JCLI. Download Citation | Frost (or White) v Chief Constable of South Yorkshire Police [1999] 2 AC 455 | Essential Cases: Tort Law provides a bridge between course textbooks and key case judgments. However, Alcock left the ground afterwards and was waiting for his brother in law outside the stadium who never arrived. . Frost v Chief Constable of South Yorkshire Police [1999] 2 AC 455 at 500. . The present law in this area seems to be very rigid and restrictive for the secondary victims. 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. In this instance, a victims brother in- law visited the stadium make shift morgue a few hours after the disaster . During a major football match in the Hillsborough ground, one part of the football stadium was crashed because the South Yorkshire police allowed an excessively large number of spectators in that part of the stadium which was already full. During this period in society there was a view that people of strong moral character did not succumb to their emotions. Frost and Others v Chief Constable of South Yorkshire Police and Others (1996) The Times, 6 November, CA. The father immediately started helping his son to release his trapped foot out. The second solution is to abolish all the special limiting rules applicable to psychiatric harm. [20] Michaell A Jones, Liability for Psychiatric Illness More Principle, Less Subtlety? [1995] 4 Web JCLI. 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. Such a relationship which is full of close tie and affection may be presumed to exist into the familial relationship or close friendship. You should not treat any information in this essay as being authoritative. Regretted Page v Smith HL 12-May-1995 The plaintiff was driving his car when the defendant turned into his path. He was not a rescuer, and nor had . At the time of the accident, the claimant was at home that was two miles away from the place of the accident. If the claimant was a rescuer who went to the aid of others involved in an accident, they will only be defined as a primary victim if they were, or reasonably believed themselves to be, in danger. Others identified bodies in temporary constructed morgues in the stadium. Many of the claimants failed in the requirement of proximity of place. 1 . Criticised Page v Smith HL 12-May-1995 The plaintiff was driving his car when the defendant turned into his path. The court took the view that, none of the claimants were entitled to recover damages for psychiatric illness. Held: The general rules restricting the recovery of damages for pure psychiatric harm applied to the plaintiffs claims as employees. 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. Only recognisable psychiatric illness would qualify for in such claims. About after two hours she was informed by a neighbour of the road accident in which her family members were involved. Judgement for the case White v Chief Constable of South Yorkshire. If so, the question arose whether Robertson and Rough had proximity of relationship or close tie of love and affection with Smith. 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. Copyright 2003 - 2023 - LawTeacher is a trading name of Business Bliss Consultants FZE, a company registered in United Arab Emirates. 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 House of Lords however, held that for the purposes of distinction between primary and secondary victims, that rescuers were not in a special position in the law. II. Close ties of love and affection was assumed in relation to parent- child and spouse relationships. Three were on duty at the ground itself; one had attempted to free spectators while the other two had attended the makeshift morgue in the gymnasium. Subsequently, she learnt from a bystander that one of her children have sustained injury by that running motor lorry. As secondary victims they, like the bystanders or spectators, were not entitled to recover damages for their psychiatric illness. .Cited Calvert v William Hill Credit Ltd ChD 12-Mar-2008 The claimant said that the defendant bookmakers had been negligent in allowing him to continue betting when they should have known that he was acting under an addiction. .Cited Rothwell v Chemical and Insulating Co Ltd and Another CA 26-Jan-2006 Each claimant sought damages after being exposed to asbestos dust. The case centred upon the liability of the police for the nervous shock suffered in consequence of the events of the Hillsborough disaster . Facts. 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. Programme for stress management. 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. Only full case reports are accepted in court. 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. According to Lord Ackner[28], if the secondary victim is a distant relative then the only way he can establish a claim is by means of showing a very close or intimate relationship with the primary victims which can be compared with the normal relationship between spouses or parent and children. Held: (Smith LJ dissenting) The . The term is used to describe psychiatric injury or illness which is caused by the defendant. The claim was rejected by the House of Lords on the basis that none of the claimants could be considered "primary . This . [9] NJ Mullany, Psychiatric damage in the House of Lords- Fourth time Unlucky: Page v Smith (1995) 3 Journal of Law and Medicine 112. All work is written to order. So according to Keiths directions the defenadant was backing his car out and paying attention to him. The court did not allow any damages to the claimant for her psychiatric injury. [57] A Selection Of Cases Illustrative of the English Law of Tort by Kenny, Courtney Stanhope: Fifth Edition. 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. [10] Kay Wheat (1998), Liability of psychiatric illness- the Law Commission Report Journal of Personal Injury Litigation. Both of them used to go out for drink once a week. HL dismissed their claims since they were suffering extreme grief, not a psychiatric illness. Cited McFarlane v E E Caledonia Ltd CA 10-Sep-1993 The court will not extend a duty of care to mere bystanders of horrific events. 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. 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. Nor is any duty of care owed to a rescuer lacking ordinary courage. 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). 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. Baker v Bolton [1808] EWHC KB J92. [12] Teff, H (1992) Liability for Psychiatric Illness after Hillsborough 12 Oxford Journal of Legal studies 440. Lord Wilberforce argued that it was necessary to develop further criteria including strict proximity in time, a close relationship, direct means of communication (personal witness). Whether a person is to be regarded as a rescuer will be a question of fact to be decided on the . 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. 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. The English courts frequently face claims brought by the secondary victims; as a result great deal of attention has been drawn towards the secondary victims cases[14]. 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. According to Lord Oliver[31], it would be unfair to create a list of the category or class of people whose claim should be allowed and whose claim should be failed. The best example is Boardman and Another v Sanderson and Another[56]. [7] Again, Hoffman L.J in the case of Page v Smith[8] defined psychiatric illness as a mental trauma. /Length 13 0 R Is there any liability for self inflicted physical injury which caused the claimants psychiatric illness? (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 . The requirement that the secondary victims must be physically present to the accident or its immediate aftermath was for the first time established by Lord Wilberforce in the case of Mcloughlin v O Brian[42] which subsequently had been approved by the House of Lords in the leading case of Alcock v Chief Constable of South Yorkshire[43]. [63] Tort Law; Text, Cases and Materials by Jenny Steele 2007. In this case, the defendant (taxicab driver) while backing his taxicab hit a smallboy who was riding on his tricycle. Another claimant of this case was Rough, who was forty four years old. 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. stream No plagiarism, guaranteed! Disclaimer: This essay has been written by a law student and not by our expert law writers. However , he was failed to meet the criteria of immediate aftermath of the disaster. The issue before the court was whether any person is entitled to establish a claim for psychiatric illness which has been sustained through the fear or apprehension of physical injury to others. Dulieu v White and Sons (1901) 2 K.B. The claimant brought an action against the defendant for causing psychiatric injury to him. A rescuer or an employee suffering such psychiatric illness is also classified as a secondary victim (unless they are themselves endangered in the event). Before making any decision, you must read the full case report and take professional advice as appropriate. Before making any decision, you must read the full case report and take professional advice as appropriate. Traditionally, the category of close relationship indicates the familial relationship, such as the relationship between the spouses, parents and children, brothers and sisters etc. YMzBCCCBS$Gtds]1w6F[:s\mPq%`:CGqt`*SzTAER3 baP0/XlX>,eoWf0`X }@| D [58] As per Salmon J. The plaintiff must show that the defendant owed duty of care not to cause the reasonably foreseeable nervous shock. 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 . They brought an action against their employer for negligently causing psychiatric illness to them. The presence of such plaques were symptomless, and would not themselves cause other asbestos related disease, but . 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. Having heard the scream the father (claimant) rushed into the spot and found his son with his foot trapped by the cars wheel. The Chief Constable of South Yorkshire has admitted liability in negligence in respect of the deaths and physical injuries. swarb.co.uk is published by David Swarbrick of 10 Halifax Road, Brighouse, West Yorkshire, HD6 2AG. Any opinions, findings, conclusions, or recommendations expressed in this material are those of the authors and do not reflect the views of LawTeacher.net. Many of the claimants witnessed horrific images and scenes of carnage on the television . (White (Frost) v Chief Constable of S Yorks, pp 500 and 511) The Clinical Negligence cases 1. He then got really worried and started looking for him around but there was no trace of his brother in law. Taylor v Somerset HA [1993] PIQR P 262 2. 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 most recent of which was Frost v The Chief Constable of South Yorkshire which resulted from the Hillsborough tragedy. [23] Davie M (1992) Negligently Inflicted Psychiatric Illness: The Hillsborough Case in the House of Lords 43 Northern Ireland Legal Quarterly 237. Abstract. Marc Rich & Co AG v Bishop Rock Marine Co Ltd [1995 . 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. Hearing about it from someone else would not suffice. 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. [31] As per Lord Oliver [1992] 1 AC 310 at page 415-416. . The plaintiffs in the case were police officers who suffered psychiatric injury after witnessing the Hillsborough stadium disaster. had introduced the Special Rule . [1981] 1 All ER 809. Alcock v Chief Constable of South Yorkshire Police [1992] 1 AC 310. Any opinions, findings, conclusions, or recommendations expressed in this material are those of the authors and do not reflect the views of LawTeacher.net. In this case, the defendants servant negligently left a motor lorry on a street with the engine running. Filters. At the trial, Branson J. took the opinion that, the claimant will not be entitled to establish a claim for nervous shock and recover any kind of damages if she had not suffered the shock through the fear of her own safety. 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 . Music has historically been a key player in society and personal life. 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. Do you have a 2:1 degree or higher? Lord Steyn and Lord Hoffmann, Lord Browne-Wilkinson Gazette 13-Jan-1999, [1999] 1 All ER 1, [1999] 2 AC 455, [1998] UKHL 45, [1999] ICR 216, [1998] 3 WLR 1509, [1999] IRLR 110, (1999) 45 BMLR 1 House of Lords, Bailii England and Wales Citing: Appeal from Frost and Others v Chief Constable of South Yorkshire and Others CA 31-Oct-1996 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. 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 . 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. Although the boy arrived home eventually but his mother suffered from a nervous shock[45]. In this case the plaintiff was exposed to asbestos dust. 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