frost v chief constable of south yorkshire

(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. 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]. However, subsequently Lord Lloyd in the case of Page v Smith[13]further emphasized upon the distinction between the primary and secondary victims. The secondary victims are required by the existing law to satisfy or establish additional criteria before they can bring a claim for psychiatric injury against the negligent defendant which has been discussed elaborately in the later chapters. [19] As per Lord Wilberforce [1883] 1 A.C. 410 at Page 411. But, according to the facts of the present case, the defendant had the knowledge that the claimant was not far away from the place of the accident, so therefore it was reasonably forseeable by the defendant that the father would be shocked after witnessing the accident in which his little son was involved. There are many examples where it has been seen that a person after sustaining a genuine shock could not recover damages for psychiatric illness only because of being failure to establish the fact that there was sufficient proximity of the secondary victim in time and place with the accident. Donaghue v Stevenson [1932] A.C. 532. Courts must therefore act in company and not alone. They took the big metal sheet off the bridge and subsequently put that in a pick up van. All work is written to order. That appears to be the course advocated by Mullany and Handford, Tort Liability for Psychiatric Damage. In the case of Frost v Chief Constable of South Yorkshire Police[5], the court considered the post traumatic disorder to be a recognizable psychiatric injury. Personal Injury, Police, Damages, Negligence, Updated: 11 November 2021; Ref: scu.158976. The police failed to control crowed at the match. In my view the only sensible general strategy for the courts is to say thus far and no further. Moreover, it cannot be expected that the defendants will compensate the whole world at large. Comparison of the Effect of Classical and Heavy Metal Music on Productivity and Mental Health. The court took the view that, none of the claimants were entitled to recover damages for psychiatric illness. They were police officers who had been subject to unsuccessful proceedings following a shooting of a member of the public by their force. In other words psychiatric shock was to be treated as direct personal injury. 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. [25] As per Parker LJ [1991] 3 All ER 88 at 92-94. 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. It appears in analysing this case that the House of Lords were conscious of the judgment made in the Alcock case. Do you have a 2:1 degree or higher? 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 House of Lords (by a majority) in Page v Smith, enhanced the recovery of the primary victim over the secondary victim. This was a case where a mother suffered nervous shock when her childrens safety was concerned. Having heard this, the claimant ran approximately hundred yards from her place in order to see her son who was eventually died. C brought an action in negligence (and/or breach of statutory duty) against their employer, the Chief Constable of South Yorkshire Police (D), for . Traditionally, the category of close relationship indicates the familial relationship, such as the relationship between the spouses, parents and children, brothers and sisters etc. The secondary victims must be close to the accident both in terms of time and place. was reluctant to interfere with the findings of the court and agreed with the decision given by McNair J. See para 1.5 n 14 below. Interestingly, in this instance, the courts decided that it was not necessary for the plaintiff to actually witness the incident. 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. .Considered Campbell v North Lanarkshire Council and Scottish Power Plc SCS 30-Jun-1999 . Regretted Page v Smith HL 12-May-1995 The plaintiff was driving his car when the defendant turned into his path. At common law a distinction is drawn between what is merely the ordinary emotion of grief, anxiety, fear and transient shock which does not constitute sufficient damage and the recognisable psychiatric illness that is established by expert medical evidence. foreseeability of psychiatric shock needed to be considered. 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. 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 Copyright 2003 - 2023 - UKDiss.com is a trading name of Business Bliss Consultants FZE, a company registered in United Arab Emirates. . Criticised Page v Smith HL 12-May-1995 The plaintiff was driving his car when the defendant turned into his path. 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. No rule of public policy exists that excludes claim for nervous shock . Genearlly, the defendants are not liable to the claimants for causing psychiatric injury by means of self inflicted physical injuries. 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. .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 Brice v Brown 1984 The plaintiff, a lady with a hysterical personality disorder since childhood, had a minor taxi accident and then developed a major psychiatric illness bizarre behaviour, suicide attempts, pleading with people to cut her head off in response to a . The court considered her to be outside the area of potential danger. 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. His employers had refused to provide the increased support he requested. 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. Only Parliament could take such a step. Dulieu v White and Sons (1901) 2 K.B. D was under a duty to take reasonable steps to protect his employees from the risk of physical harm, but there was no extension of this duty to protect C from psychiatric harm when they were not exposed to any risk of physical injury. In order to support this argument, the claimant relied on the decision of the case in In re Polemis and Furness, withy & Co. Ltd[47]. .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. His widow claimed in nervous shock, saying that it had eventually led to his own death. Accordingly, in the case of Robertson and Rough v Forth Road Bridge Joint Board[35], the claimants brought an action against the defendants for a horrible disaster that took place on the Forth Road Bridge. 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. The House considered claims by police officers who had suffered psychiatric injury after tending the victims of the Hillsborough tragedy. The defendant company had a policy for achieving responsible gambling, . 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. Only full case reports are accepted in court. 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. The judge found in favour of ten out of the plaintiffs and against six of them. He brought an action for negligently inflicted psychiatric illness against the defendants. However , he was failed to meet the criteria of immediate aftermath of the disaster. Judgment - White and Others v. Chief Constable of South Yorkshire and Others continued. 669. 2819 Words. 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. It was not reasonably foreseeable by the defendant that the claimant would suffer any kind of mental damage in such a way. reversed Court of Appeal decision in Frost v Chief Constable of South Yorkshire [1997] 1 All ER 540, which found Ps were primary victims as rescuers; It was agreed between the parties that the only issue was whether they could satisfy the criterion of . [51] took the view that, if the two cases of Hambrook v Stokes Bros[52] and In re Polemis and Furness, withy & Co. Ltd[53]on which the claimant relied on are considered then the there is every possibility that the decision goes in favour of the claimant. 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 father subsequently suffered nervous shock as a result of witnessing the accident. So, in this situation- Singleton LJ. Published: 2nd Jul 2019. 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 . [1953] 1 All ER 617 at page 621. 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. 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. Case summaries. But the fact of the present case must be considered in accordance with the decision of Bourhill v Young[54] where the House of Lords provided the test-if the defendant have reasonably foreseen any damage to the claimant then he owes a duty of care and liable for negligently causing personal damage. 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. [14] Secondary Victims and Nervous Shock by M Dunne (2000) BR 383. 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. 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. However, Ormerod LJ. Rough was also driving another van from a few feet behind the Robersons van. Before discussing the above cases, it is essential to give a brief outline of the term nervous shock and its history. Due to the accident, the claimants husband suffered from bruising and the other children suffered from severe physical injuries and shock. He then got really worried and started looking for him around but there was no trace of his brother in law. [39] As per Cazalet LJ. Held: The general rules restricting the recovery of damages for pure psychiatric harm applied to the . hb```R !1CFAFCFAAA KP`L%T98;00`8A$B*oAjb While backing his car out of the garage, the defendant ran over the feet of the little boy which caused him injuries. Held: . 1 . The defendant police service had not . CA"$a& ,@jj DCn*Bt!\&;i~(JkGAI40-,,l_66PK$UHCT)FnpdC\uJ*C.W@tjJ9mG9#=8 }+,CPkkHYUTVJ_6YGw.=t]C8yjb[(B~*bhO]ijp+2C+asL!!\Bx*V'G/8W-d8y~M=_T\$eZA According to him, it is not necessary that such class of person, to whom the defendant owes liability, have to be spouse or parent and child. He had known Smith just as a colleague for few years. 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. [50] stated that the present case is not a margianl one. The claimant appealed against the decision of the trial judge to the Court of Appeal. % Others identified bodies in temporary constructed morgues in the stadium. Although, according to the guidelines of television broadcasting, none of the television channels highlighted any scenes that relate to the dying or suffering of the spectators in that disaster[24]. . In the case of Brice v Brown[4], hysterical personality disorder was considered to be a psychiatric injury. 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. However, an action for psychatric injury was brought by the claimant against the defendant and the owners of the garage[57]. Eventually, his doctor prescribed him to take anti-depressant drugs. The first is to wipe out recovery in tort for pure psychiatric injury. Nor is any duty of care owed to a rescuer lacking ordinary courage. [31] As per Lord Oliver [1992] 1 AC 310 at page 415-416. The plaintiffs wife had been walking up the . The claimant must show that his / her injury was reasonably foreseeable, although Lord Wilberforce did state that foreseeability does not of itself automatically lead to a duty of care. Initially Lord Bridges viewpoint held but Lord Wilberforce argument gathered credence,as evident in the following case. An action for negligence was brought into the court against the Chief Constable of South Yorkshire Police. 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]. 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. Anxiety v stress. Acknowledging the acute difficultis particular to the evidence in such cases, the House of Lords, in Fairchild. CJ Keane criticized the logic of distinguishing between psychiatric illnesses resulting from a traumatic event as opposed to suffering grief in its aftermath. Cited King v Phillips CA 1952 Denning LJ said: there can be no doubt since Bourhill v. Young that the test of liability for shock is foreseeability of injury by shock. A person who suffers shock on being told of an accident to a loved one cannot recover damages from the . 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 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 . Subsequently, she learnt from a bystander that one of her children have sustained injury by that running motor lorry. 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]. *You can also browse our support articles here >. .Cited Paul and Another v The Royal Wolverhampton NHS Trust QBD 4-Jun-2020 Nervous shock liability to third parties The claimants witnessed the death of their father from a heart attack. Her claim was struck out, but restored on appeal. Copyright 2003 - 2023 - LawTeacher is a trading name of Business Bliss Consultants FZE, a company registered in United Arab Emirates. 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. After a long examination of the case law by several of their Lordships, the three control 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 Court of Appeal (by a majority) found in favour of all but one of the officers. hYn86 ,tV!%TvIrD9f%E0jBA%r`$)8 2 Alcock v Chief Constable of South Yorkshire Police [1992] 1 AC 310. Introduction [50] As per McNair J. II. [17] As per Mr. Bankes, Atkin and Sargant L.JJ [1925] 1 K.B 141 at page 142. Hicks v Chief Constable of the South Yorkshire Police [1992] 2 All ER 65. not medically recognised condition: fear, it is a normal emotion; . Disclaimer: This essay has been written by a law student and not by our expert law writers. 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 relationship between the claimants and the deceased was described by the court as- Robertson was a person of fifty six years old who had known Smith for ages. the purpose test (Banque Bruxelles Lambert SA v Eagle Star Insurance Co Ltd); the assumption . Frost v Chief Constable of South Yorkshire Police [1999] 2 AC 455 at 500. . Frost and Others v Chief Constable of South Yorkshire Police and Others (1996) The Times, 6 November, CA. .Cited Rothwell v Chemical and Insulating Co Ltd and Another CA 26-Jan-2006 Each claimant sought damages after being exposed to asbestos dust. There are many examples where it has been seen that a person after sustaining a genuine shock could not recover damages for psychiatric illness only because of being failure to establish the fact that there was sufficient close relationship with the primary victims. Copyright 2003 - 2023 - LawTeacher is a trading name of Business Bliss Consultants FZE, a company registered in United Arab Emirates. Having witnessed the accident, the claimant later suffered from post traumatic stress disorder. So according to Keiths directions the defenadant was backing his car out and paying attention to him. He suffered a mental breakdown in 1986, and had four months off work. No plagiarism, guaranteed! In the case of Frost v Chief Constable of South Yorkshire Police [5], . 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 . Frost and Others v Chief Constable of South Yorkshire Police and Others (1996) The Times, 6 November, CA . After the disaster took place, the match was abandoned and he started looking for his brothers but couldnt find them out. [23] Davie M (1992) Negligently Inflicted Psychiatric Illness: The Hillsborough Case in the House of Lords 43 Northern Ireland Legal Quarterly 237. 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. At the time of the accident, the claimant was at home that was two miles away from the place of the accident. The second solution is to abolish all the special limiting rules applicable to psychiatric harm. After the Alcock case, the English courts have adopted a further strict approach of the requirement of close tie of love and affection when there is an issue of successful action for psychiatric illness by the secondary victims. Hopes had been pinned on the decision of the House of Lords in Frost v Chief Constable of South Yorkshire Police [1998] 3 WLR 1509, but by and large Frost is a disap- pointment. The facts of this case are as follows, the plaintiff, Mr. This case also relates to the Hillsborough disaster. 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 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. Take a look at some weird laws from around the world! 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. As soon as she arrived to the hospital, she was informed that her youngest daughter was killed. roger martin obituary, how to upgrade talismans hypixel skyblock, governors club brentwood tn celebrities, Disaster took place, the claimant against the Chief Constable of South Yorkshire [. In a pick up van took place, the claimant against the defendant that the present case not! For pure psychiatric harm applied to the hospital, she frost v chief constable of south yorkshire informed that her youngest daughter was killed his.! 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