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 . However, Alcock left the ground afterwards and was waiting for his brother in law outside the stadium who never arrived. Disclaimer: This dissertation has been written by a student and is not an example of our professional work, which you can see examples of here. 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. 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]. The requirement of immediate aftermath principle was firmly established in the case of Mcloughlin v O Brian[67]. So, finally, the House of Lord dismissed the appeal made by 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. . [1953] 1 All ER 617 at page 621. Having studied this case, I feel it is significant for a number of reasons. He then decided to leave Gotham for a while after having a parent's association, and later the police, on his case (which resulted in Gordon becoming alcoholic and cheating on his wife) and had to shift his focus on the countryside, spending most of his time in scouts camps, wearing a scout chief uniform over his Batsuit, to cover his identity as the Batman. 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. We do not provide advice. As a result, the law in this area seems to be complex as well as inconsistent. He took the view that, there was no negligence on the part of Keith Keel but the defedant was negligent and committed a breach of his duty of care. Music background They used to walk to and from their workplace quite frequently. The plaintiffs in the case were police officers who suffered psychiatric injury after witnessing the Hillsborough stadium disaster. Firstly, the secondary victims must prove that the relationship between him and the primary victim is so close that it was reasonably foreseeable by the defendants that he could have suffered nervous shock through the fear of the physical injury sustained by the primary victim. % [27] As per Lord Keith [1992] 1 AC 310 at page 397. .Cited Zurich Insurance Plc UK Branch v International Energy Group Ltd SC 20-May-2015 A claim had been made for mesothelioma following exposure to asbestos, but the claim arose in Guernsey. [71] The court took the view that, there is no doubt that the psychiatric illness suffered by the claimant was reasonably foreseeable but the existing law on the recovery of damages for psychiatric injury only entitles those claimants to recover damages who had been close or near the accident that caused psychiatric injury as a result of the negligence of the defendants. 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. 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. The question was whether, having regard to the fact that she had suffered sorrow and grief it would not be to . 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]. Cazalet J. agreed with the claimant that he meets all the recovery criteria that govern a claim for psychiatric injury sustained by him. However, during the journey, a very strong wind thrown the metal sheet and Smith away while he was sitting on top of it. The distinction between primary victim and secondary victim was made in the Alcock v Chief Constable of South Yorkshire Police, where all claimants were secondary victims. [69] As per Stephenson LJ [1981] 1 All ER 809 at page 823. It was held by Salmon J. In this case, the defendant was claimants son who had a car accident while he was negligently driving his car being drunk. 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. [71] As per Cumming Bruce LJ. The Plaintiff had a pre-existing chronic fatigue syndrome, which manifested itself from time . Principle of Frost v Chief Constable of South Yorkshire Police (1998) police officers who were present in the aftermath of the Hillsborough disaster sued for post traumatic stress disorder. The requirement of establishing proximity of relationship with the primary victims is one of the criteria. Eventually she died as a result of that injury. [34] Cases and Commentary on Tort, by Barbara Harvey & John Marston, 5th Edition. Held: The definition of the work expected of him did not justify the demand placed upon him. 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. In Alcock v. Chief Constable of South Yorkshire Police [1992] 1 A.C. 310, claims were brought by those who had suffered psychiatric injury as a result of the Hillsborough disaster. It was admitted by the defendants that the accident took place due to their negligence. The caimant was summoned by the hospital authority in order to see her injured family members. The apparent injustice of this position has been acknowledged . The floodgates argument may be a possible reason for this. Despite of establishing a close tie of love where the secondary victims fails to satisfy the requirement of proximity in time and place with the accident, the court will not entilte them to recover damages for psychiatric illness. However, after couple of hours he received a phone call from someone and learnt that both his brothers got killed at the disaster. Page -v- Smith [1995] 2 All ER 736 at 759, 761 per Lord Lloyd. 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. . N>7>@s!z9@-w9Hy^O1? M:fXxKGkYqLfX A Ai>|N_*HbOsu.7B ovRl-#GQcLXH`{70l191X?@j`P02:vKX @9E. Hall v gwent healthcare nhs trust 2004 qb c hall was. You should not treat any information in this essay as being authoritative. He was told however that the risk was very remote. The unsuccessful claimants made a cross appeal to the Court of Appeal against the judges decision whereby the defendants also appealed against the ten successful claimants. [58] As per Salmon J. [45] Cases and Commentary on Tort, by Barbara Harvey & John Marston, 5th Edition. The plaintiffs wife had been walking up the . 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. This took place while Robertson was driving the van on a carriageway which was high above the water. Page -v- Smith [1995] 2 All ER 736 at 759, 761 per Lord Lloyd. A number of claimants had witnessed the horrific scenes on the television or had been informed by a third party. His employers had refused to provide the increased support he requested. 164 0 obj <> endobj The claimant argued that the defendant was under a duty of care to drive his taxicab carefully not to inflict any kind of physical and emotional damage to the people. Moreover, it cannot be expected that the defendants will compensate the whole world at large. This was a case where a mother suffered nervous shock when her childrens safety was concerned. Case summaries. 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. Therefore the claimants appeal was dismissed by the Court of Appeal. It appears to have played an unjustifiably large part in the . As soon as she arrived to the hospital, she was informed that her youngest daughter was killed. The Supreme Courts decision was to disallow recovery as there was no more than a remote risk of contracting a disease. Personal Injury, Police, Damages, Negligence, Updated: 11 November 2021; Ref: scu.158976. The Court of Appeal upheld the judgement that was delivered by Boreham J but on different ground. . But, the chief constable of South Yorkshire police claimed that they did not owe any duty of care to the claimants. 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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. The plaintiff must show that the defendant owed duty of care not to cause the reasonably foreseeable nervous shock. No plagiarism, guaranteed! 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. The carriageway was too high that any person fell from that distance would unlikely to survive. They said that the defendants negligent treatment allowed the attack to take place. 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 . 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 . Therefore the claimants injustice of this position has been acknowledged the Court appeal... Her injured family members of Mcloughlin v O Brian [ 67 ] of claimants had witnessed the horrific scenes the., it can not be to was delivered by Boreham J but on different ground appears to have played unjustifiably! 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