[71] As per Cumming Bruce LJ. The defendants admitted their negligence but also argued that the nervous shock suffered by the mother was too remote. 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. where the rescuer may not have been in physical danger but was awarded damages due to his putting himself in the 'zone of danger', after the event. In modern times, the issue of liability for nervous shock still remains a contentious issue. [7] Nervous Shock-when is it compensable? The plaintiff sought medical advice and was told there was a risk that he could contract mesothelioma. [7] Again, Hoffman L.J in the case of Page v Smith[8] defined psychiatric illness as a mental trauma. 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 . << While backing his car out of the garage, the defendant ran over the feet of the little boy which caused him injuries. The defendant argued that, there was no negligence on his part as far as the claimants psychiatric illness was concerned. Many of the spectators saw their friends and relatives die in the crush and suffered nervous shock after the incident. Hearing about it from someone else would not suffice. However, unlike the Alcock case, it was the case of McCarthy v Chief Constable of South Yorkshire Police[33]where the claimant (secondary victims) was successful in bringing an action for psychiatric illness against the defendants (Chief Constable of South Yorkshire Police). His Lordship further continued that, the present case is distinguishable from the case of King v Phillips[61]. They took the big metal sheet off the bridge and subsequently put that in a pick up van. 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. Others failed the close ties of love and affection . [2] Psychiatric Injuries: The present and the Future by 12 Kings Bench walk. The claimant brought an action against the defendant for causing psychiatric injury to him. Dulieu v White and Sons (1901) 2 K.B. 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. The Supreme Courts decision was to disallow recovery as there was no more than a remote risk of contracting a disease. A number of claimants had witnessed the horrific scenes on the television or had been informed by a third party. When faced with these two decisions, one can't help but recall the comment of Lord Steyn in Frost v Chief Constable of South Yorkshire [1992] 2 AC 455 (at 511), who considered that "the search for principle was called off in Alcock". Eventually, his doctor prescribed him to take anti-depressant drugs. The defendants car was standing inside the garage and he started backing the car out of the garage. The appointment of the former Deputy Chief Constable Lauren Poultney was approved at a . The question was whether, having regard to the fact that she had suffered sorrow and grief it would not be to . [65] Cases and Commentary on Tort, by Barbara Harvey & John Marston, 5th Edition. [1953] 1 All ER 617 at page 621. Disclaimer: This work was produced by one of our expert legal writers, as a learning aid to help law students with their studies. Different kinds of harm The horrific events of 15 April 1989 at the . Cases Referenced. The secondary victims must be close to the accident both in terms of time and place. [1996] AC 923 , HL(E) and Michael v Chief Constable of South Wales Police (Refuge intervening) [2015] AC 1732 , SC(E) considered. He argued that, in Bourhills case, the fishwife was not entitled to recover damages for psychiatric illness since she did not see the actual accident at the time it took place but only saw the outcome of it afterwards. The only prudent course is to treat the pragmatic categories as reflected in in authoritative decisions such as the Alcock case and Page v. Smith as settled for the time being, but by and large to leave any expansion or development in this corner of the law to Parliament. Do you have a 2:1 degree or higher? [60] As per Ormerod LJ [1964] 1 W.L.R CA 1317 at page 1320. The claimants alleged that the police constable were responsible for everything who failed to control the crowed and consequently the horrible disaster took place which not only caused the death or injury to the spectators but also caused psychiatric illness to the relatives of the deceased or injured as they were watching or hearing the news of the disasters. 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. In order for the claimant to successfully recover compensation the court needs to consider an amalgam of rules and exceptions as well as different categories of claimants, which . For example, in Hinz v Berry[3], the court recognized morbid depression as a recognizable psychiatric illness. Furthermore, the issue of measurability was a concern. 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. At the time of the accident, the claimant was at home that was two miles away from the place of the accident. These standard criteria have made it more difficult to claim damages in Irish courts. In this instance, a victims brother in- law visited the stadium make shift morgue a few hours after the disaster . As a result of experiencing such a dreadful event she subsequently suffered severe nervous shock resulting in the form of psychatric illness. 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. The court did not allow any damages to the claimant for her psychiatric injury. [17] As per Mr. Bankes, Atkin and Sargant L.JJ [1925] 1 K.B 141 at page 142. Similarly there are some other cases where the claimants were not actually present at the scene of the accident but the court still held the defendant liable for negligently inflicting psychaitric injury to the claimants. However, to satisfy the proximity of relationship with the primary victims might be considered a major obstacle for the secondary victims when there is an issue of establishing a claim for the psychiatric illness. 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. Held: Being directly involved, the pursuer was a primary victim, and accordingly not subject to the limits on claiming for . Moreover, it cannot be expected that the defendants will compensate the whole world at large. 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. Whether a person is to be regarded as a rescuer will be a question of fact to be decided on the . L auren Poultney has been confirmed as the next Chief Constable of South Yorkshire Police by the South Yorkshire Police and Crime Commissioner, Dr Alan Billings following approval of the appointment by the South Yorkshire Police and Crime Panel at a meeting in Barnsley today (Friday 11 June 2021).. Ms Poultney was identified as the preferred candidate for the role of Chief Constable by Dr Alan . The recent case of Crystal Taylor v A Novo (UK) Ltd CA (2013) re-examined the particular issue of proximity, together with the underlying policy considerations. The victims were taken to the nearest hospital by that neighbour. endstream endobj 165 0 obj <> endobj 166 0 obj <>/MediaBox[0 0 594.72 841.68]/Parent 162 0 R/Resources<>/Font<>/ProcSet[/PDF/Text/ImageB/ImageC/ImageI]>>/Rotate 0/Tabs/S/Type/Page>> endobj 167 0 obj <>stream The employer could have checked up on him during his . Page, was involved in a minor car accident, and was physically unhurt in the collision. 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. He then got really worried and started looking for him around but there was no trace of his brother in law. Frost v Chief Constable of South Yorkshire Police [1997] 3 WLR 1194. Published: 21st Jan 2022. So the defendant submitted that, since the claimant was not present at the place where the accident took place, his action against the defendant should not be allowed by the court. Having heard the scream of the boy, his mother looked out of the window from about seventy to eighty yeard away of the place where the accident took place. Music has historically been a key player in society and personal life. Common Law - Evidence Law - Amissibility of Evidence Essays - Use Our Free Law Essays To Help You With Your Law Course Codification of Directors Duties was Unnecessary. The plaintiffs wife had been walking up the . Nervous shock is a term used in English law to denote psychiatric illness or injury inflicted upon a person by intentional or negligent actions or omissions of another. Mentioned Walker v Northumberland County Council QBD 16-Nov-1994 The plaintiff was a manager within the social services department. [39] As per Cazalet LJ. 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. 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. 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. 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. According to Stephenson LJ[69], although the claimants psychiatric illness was reasonably forseeable by the defendants and they owed a duty of care to the claimant, but it was policy considerations that hampered the claimant from establishing a claim and recover damages for psychiatric illness. >> 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. That appears to be the course advocated by Mullany and Handford, Tort Liability for Psychiatric Damage. No issues of. In the case of bystanders, it is not generally foreseeable by the defendants that such a person would suffer from psychiatric injury. Decent Essays. Case Summary 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. After the disaster took place, the match was abandoned and he started looking for his brothers but couldnt find them out. On the basis of the facts of this case, three preliminary questions arose which were as follows: The first issue was, whether the defendant (the primary victim/ son of the claimant) owes any duty of care towards the claimant (secondary victim) for not causing any psychiatric injury by self inflicted physical injuries. In Frost v Chief Constable of South Yorkshire [1999] AC 455 at 507H-508A, Lord Hoffman described Lord Oliver's explanation of these 'unwilling participant' cases as "an ex post facto rationalisation" and as "an elegant, not to say ingenious, explanation, which owes nothing to the. The House of Lords, although divided in as to their reasoning, delivered a judgment in favour of the plaintiff. Essential Cases: Tort Law provides a bridge between course textbooks and key case judgments. The caimant was summoned by the hospital authority in order to see her injured family members. Lord Dyson MR felt that damages for psychiatric illness could not be recovered in respect of consequences witnessed months, and . Having witnessed the tragic death of Smith, both his workmates-Robertson and Rough suffered nervous shock. The father subsequently suffered nervous shock as a result of witnessing the accident. While Robertson was driving the van, Smith was sitting on top of the metal sheet. 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. The Court of Appeal's judgment has been discussed at some length by the present authors in an earlier article, "Nervous Shock, Rescuers and Employees - Primary or Secondary Victims?" [1998] SLJS 121. They said that the defendants negligent treatment allowed the attack to take place. 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. The Court of Appeal upheld the judgement that was delivered by Boreham J but on different ground. 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 is of paramount importance that the law enforcement 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. It appears in analysing this case that the House of Lords were conscious of the judgment made in the Alcock case. He went to the psychiatrist and took medical treatment. In relation to employer/employee relationship and duty of care the courts did not uphold the principles of the above cases. This took place while Robertson was driving the van on a carriageway which was high above the water. Although, Rough was driving another van but he came across the accident. The plaintiff worried excessively and developed reactive anxiety neurosis, a psychiatric illness. Appeal from - White, Frost and others v Chief Constable of South Yorkshire and others HL 3-Dec-1998. 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. So, after a very careful consideration of the facts and surrounding circumstances, his Lordship dismissed the defendants appeal. His employers had refused to provide the increased support he requested. She suffered serious nervous shock as a result and sued the defendant who was responsible for the accident. 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. Criticism o f this seem ingly unpalatable result has been widespread: see Law Com m ission Report 249, Liability for Psychiatric Illness, 1998 (Report) at [1.1]. Cazalet J. agreed with the claimant that he meets all the recovery criteria that govern a claim for psychiatric injury sustained by him. *You can also browse our support articles here >. Again this development of the proximity of relationship in this case seems quite unfair to some of the claimants who were seeking compensation as they would not have been aware previously of this .The principle of proximity of time and place was also applied in this case, where a claimant failed to recover. The defendant admitted that they were negligent in relation to the death of her daughter as well as injury to her rest of the family members but simply denied any kind of liabilty for negligently causing psychiatric injury to her. He claimed damages from the respondent for contributory negligence of other officers in failing to come to his assistance. 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]. However, the trial judge, Boreham J[68], took the view that- although the claimant was a person of reasonable fortitude and the mental condition that she had suffered due to shock was different from mere grief and sorrow, but it was held that the defendant was not liable for causing psychiatric injury to her because it was not reasonably foreseeable. It was agreed between the parties that the only issue was whether they could satisfy the criterion of . 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. Firm Rankings. (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. 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 . . [23] Davie M (1992) Negligently Inflicted Psychiatric Illness: The Hillsborough Case in the House of Lords 43 Northern Ireland Legal Quarterly 237. Looking for a flexible role? 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. II. The Irish courts have been much more responsive in allowing recovery for nervous shock. Another appellant, namely Robert Alcock, was present on the ground during the football match and witnessed the whole disaster from the west stand of the stadium. 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! This was a test case . 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. Taylor v Somerset HA [1993] PIQR P 262 2. Open Document. That means, unless and until the court is satisfied that the secondary victim was physically present at the very scene of the accident along with the other two requirements then a claim for psychiatric illness will unlikely to be allowed[41]. The police failed to control crowed at the match. 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 . 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. He was told however that the risk was very remote. This essay aims to provide a critical evaluation of the common law duty of care for negligently inflicted nervous shock in the context of the above statement by Lord Steyn. %PDF-1.2 It was the case of King v Phillips[44] in which the claimant having suffered psychiatric illness failed to establish a claim against the defendant as the court considered that the victim was far away from the accident. 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]. The law has imposed lots of requirements for the secondary victims before they can successfully make a psychiatric injury claim. They were police officers who had been subject to unsuccessful proceedings following a shooting of a member of the public by their force. stream ( as what happened in this particular case ) . . However, Alcock left the ground afterwards and was waiting for his brother in law outside the stadium who never arrived. In the present case, the claimants family members including her husband and three children had a severe road accident. Interestingly, in White v Chief Constable of South Yorkshire Police the plaintiffs ( police officers ) relied on cases such as Dooley v Cammell Laird [1951] 1 Lloyds Rep 271, Galt v British Railways Board [1983] 113 NLJ 870, Wiggs v British Railways Board. In Kelly v Hennessy [1995] 3IR.253 CJ Hamilton laid down criteria, which have become the standard test for nervous shock. 4 policeman (Ps) sued R (chief officer responsible at Hillsborough) for causing them nervous shock through his negligence in allowing the accident to occur. It seems apparent from the Alcock case judgments that the court will only emphasize on close tie of love and affection before allowing any secondary victims to establish a claim and recover damages for psychiatric illness. So, in this situation- Singleton LJ. 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]. YMzBCCCBS$Gtds]1w6F[:s\mPq%`:CGqt`*SzTAER3 baP0/XlX>,eoWf0`X }@| D Alcock -v- The Chief Constable of South Yorks [1992] 1 AC 310. However , he was failed to meet the criteria of immediate aftermath of the disaster. A live television broadcast of that match was running from the ground. He further considered that, such a proximity relationship or close tie of love and affection might exist between the family members or friends. Primary victims are victims who are imperilled or reasonably believe themselves to be imperilled by the defendants negligence.Lord Steyn said: the law on the recovery of compensation for pure psychiatric harm is a patchwork quilt of distinctions which are difficult to justify. X CsGPL)8eDD(!#V+x 6g9%RlTJ%R "XL9$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 0 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. [50] stated that the present case is not a margianl one. Held: It was a classic case of nervous shock. .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. This time the ground for appeal was whether the defendants could have reasonably foreseen the psychiatric illness suffered by the claimants or secondary victims. It was not reasonably foreseeable by the defendant that the claimant would suffer any kind of mental damage in such a way. Mental Health of Adolescent and Young Adult Cancer Survivors. LORD STEYN My Lords, In my view the claims of the four police officers were rightly dismissed by Waller J. 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. The requirement of establishing proximity of relationship with the primary victims is one of the criteria. Generally, primary victims do not face too many hurdles in order to establish a claim as long as certain tests are satisfied. Held: Psychiatric injury is a recognised form of personal injury, and no statute . The Categorisation of Primary and Secondary Victims A. In Page v Smith this distinction was further developed. Before making any decision, you must read the full case report and take professional advice as appropriate. Others identified bodies in temporary constructed morgues in the stadium. This principle was later applied in Alcock v Chief Constable of South Yorkshire Police. 141. v The Chief Constable Of South Yorkshire Police ( [1997]1 All E R.540), their Lordships holding by a majority of 3 to 2 that the claims of the police officers had been rightly dismissed by the trial judge . The present law in this area seems to be very rigid and restrictive for the secondary victims. 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. HL dismissed their claims since they were suffering extreme grief, not a psychiatric illness. 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. Two recent nervous shock cases in Ireland, Fletcher v Commissioners for Public Works [2003] I.L.R.M.94 and Packenham v Irish Ferries Limited [2004] will be discussed , concluding that in Ireland , a policy approach has been adopted based on a standard set of criteria. The father immediately started helping his son to release his trapped foot out. The very moment Smith was being thrown off the van by the wind, Robertson did not in fact see what happened as he was driving. l'LCocI2Vp.0c . 12 Pages. Many of the claimants witnessed horrific images and scenes of carnage on the television . If it was not reasonably forseeable then the defendant owes no duty of care to the claimant and there is no liability for negligence on the part of defendant. Abstract. 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. The third issue was- whether the defendant owes any duty of care to the claimant not to cause him psychiatric injury by means of exposing him to the sight of the defendants self-inflicted injuries. To satisfy physical proximity to the accident or its immediate aftermath might be considered as another major obstacle for the secondary victims where there is an issue of establishing a claim for the psychiatric illness. This was a case where a mother suffered nervous shock when her childrens safety was concerned. Difficult point of law about the circumstances in which a defendant who owes a duty of care . Free resources to assist you with your university studies! However, Mr. Bankes, Atkin and Sargant L.JJ. In my opinion, this case illustrates a change of approach in relation to nervous shock recovery. 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. Another appellant, namely Mr. Robert Alcock, was present in the stadium and lost his brother in law but still failed in his action as it was not reasonably foreseeable by the defendants that he would suffer psychiatric illness. 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 Alcock v Chief Constable of South Yorkshire (1992) 1 AC 310 the ordinary rules of negligence were applied to allegedly negligent crowd control by the police. An action was brought by her husband for the loss of benefit of her services. 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Course advocated by Mullany and Handford, Tort liability for psychiatric Damage officers who had informed... Took the big metal sheet off the bridge and subsequently put that in minor. Proceedings following a shooting of a member of the criteria stated that the issue! Meets All the recovery criteria that govern a claim for psychiatric injury claim delivered judgment. Successfully make a psychiatric injury claim the social services department W.L.R CA 1317 at page 1320 browse... Came across the accident victims were taken to the nearest hospital by that neighbour proximity of with! Disaster took place, the pursuer was a manager within the social department! Standing inside the garage Constable of South Yorkshire Police 6g9 % RlTJ % R `` XL9 $ Q ) %. Appeal upheld the judgement that was two miles away from the respondent for contributory negligence of other officers in to... Adolescent and Young Adult Cancer Survivors members including her husband and three had! Of love and affection might exist between the family members or friends employer/employee relationship and duty of care form... Home that was delivered by Boreham J but on different ground 15 April 1989 at time. The law has imposed lots of requirements for the secondary victims before they can successfully a! Allowing recovery for nervous shock when her childrens safety was concerned the primary victims is one of plaintiff... Temporary constructed morgues in the collision the water in order to establish a claim as long as certain are. Looking for his brother in law J. agreed with the primary victims is one of the metal sheet the. V Phillips [ 61 ] and accordingly not subject to the limits on claiming for the! Hl dismissed their claims since they were Police officers who had been informed by third!

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