[58] As per Salmon J. At trial she was awarded damages for nervous shock. 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 . Held: If a police officer owes a duty of care to . Irish courts do not use space / time or relationship as limiting factors as applied in some of the previous English cases , but rather these factors are taken into account, although the position in relation to the latter may be changing as evident in Cuddy v May. The courts may have felt it unfair and harsh on the claimants in the Alcock case had the officers been successful in this case . Section A The codification of directors duties was an unnecessary step. As a result of the tragic death of his workmate he was so upset and mentally distressed. Generally, primary victims do not face too many hurdles in order to establish a claim as long as certain tests are satisfied. The reason for such unwillingness might be presumed that- the ordinary bystanders must be assumed to have sufficient strength or courage to undergo the calamities of modern life. The claimant appealed to the House of Lords against the decision given by McNair J. Singleton LJ. 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. [17] As per Mr. Bankes, Atkin and Sargant L.JJ [1925] 1 K.B 141 at page 142. So, it is the secondary victims who are required to prove the fact that he has sustained a psychiatric injury because the person with whom he is in a close relationship has in fact suffered from a severe physical injury. 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 claimants, as secondary victims, had to satisfy the criteria for the imposition of liability formulated by the House of Lords in McLoughlin v O'Brian [1983] 1 AC 410 and Alcock v Chief Constable of South Yorkshire Police [1992] AC 310. In favour of this argument the claimant relied on the decision given by the House of Lords in the case of Hambrook v Stokes Bros[46]. It appears to have played an unjustifiably large part in the . They used to walk to and from their workplace quite frequently. Cazalet J. agreed with the claimant that he meets all the recovery criteria that govern a claim for psychiatric injury sustained by him. The plaintiffs wife had been walking up the . .Cited Glen and Other v Korean Airlines Company Ltd QBD 28-Mar-2003 The claimant sought damages for personal injuries under the Act. endstream endobj startxref These standard criteria have made it more difficult to claim damages in Irish courts. [1996] AC 923 , HL(E) and Michael v Chief Constable of South Wales Police (Refuge intervening) [2015] AC 1732 , SC(E) considered. Hicks v Chief Constable of the South Yorkshire Police [1992] 2 All ER 65. not medically recognised condition: fear, it is a normal emotion; . He had known Smith just as a colleague for few years. The Court of Appeal in Frost v Chief Constable of Yorkshire Police [1997] 3 WLR 1194 (by a majority) had held that the police officers who were allowed to recover for their psychiatric illness as a result of carrying out their professional duties as rescuers and/or employees at the disastrous Hillsborough football stadium stampede were classifiable as primary victims. Cited Hinz v Berry CA 1970 Then plaintiff saw her husband killed and her children injured by a runaway motor car. Baker v Bolton [1808] EWHC KB J92. You would be correct that rescuers are generally an excluded category of primary victim, as seen in cases like White v CC of South Yorkshire Police (if family cannot claim, rescuers should not be allowed to) . 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. 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. Since they were not endangered in the discharge of their service or in rescuing, as employees and/or rescuers, the police officers were only secondary victims. The courts both in England and Ireland have endeavoured to limit the scope of liability for psychiatric illness, by establishing a set of criteria that a claimant/s must fulfil in order to be entitled to compensation. So, therefore, a secondary victim is someone who suffers from psychiatric illness through the fear of other persons safety or injury. 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. [60]did not agree with the arguments put by the defendant but he agreed with the decision given by Salmon J. .Cited French and others v Chief Constable of Sussex Police CA 28-Mar-2006 The claimants sought damages for psychiatric injury. 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. Cited Best v Samuel Fox and Co Ltd 1952 The court considered liability for injury to secondary victims. The Supreme Courts decision was to disallow recovery as there was no more than a remote risk of contracting a disease. 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. Therefore the claimants appeal was dismissed by the Court of Appeal. if(typeof ez_ad_units != 'undefined'){ez_ad_units.push([[320,100],'swarb_co_uk-medrectangle-3','ezslot_5',114,'0','0'])};__ez_fad_position('div-gpt-ad-swarb_co_uk-medrectangle-3-0'); Cited by: Cited Keen v Tayside Contracts OHCS 26-Feb-2003 The claimant sought damages for post traumatic stress disorder. 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 . Although there was a big age difference between them but they had been working together for many years. . In the present case, despite of being present at the stadium during the football match the claimants whose action had been rejected by the House of Lords are as follows[25]: Brian Harrison was one of the appellants. That was a very strong windy day when the tragic accident took place. Her claim was struck out, but restored on appeal. 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. Marc Rich & Co AG v Bishop Rock Marine Co Ltd [1995 . After that she found her husband injured and covered with mud and oil. %PDF-1.2 .Cited Taylor v A Novo (UK) Ltd CA 18-Mar-2013 The deceased had suffered a head injury at work from the defendants admitted negligence. In Kelly v Hennessy [1995] 3IR.253 CJ Hamilton laid down criteria, which have become the standard test for nervous shock. For a secondary victim to be successful in their claim, they must prove the following: It must be reasonably foreseeable that a person of "normal fortitude" might suffer . The plaintiffs sought damages for nervous shock. 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 It was not reasonably foreseeable by the defendant that the claimant would suffer any kind of mental damage in such a way. [12] Teff, H (1992) Liability for Psychiatric Illness after Hillsborough 12 Oxford Journal of Legal studies 440. Taylor v Somerset HA [1993] PIQR P 262 2. 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. Alcock v Chief Constable of South Yorkshire Police [1991] UKHL 5, [1992] 1 AC 310 is a leading English tort law case on liability for nervous shock (psychiatric injury). This case raised two principal questions. On that occasion the law lords removed any special rights of employees or . [57] A Selection Of Cases Illustrative of the English Law of Tort by Kenny, Courtney Stanhope: Fifth Edition. Personal Injury, Police, Damages, Negligence, Updated: 11 November 2021; Ref: scu.158976. White v Chief Constable of South Yorkshire. No damages for Psychiatric Harm Alone. He suffered a mental breakdown in 1986, and had four months off work. 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. 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. Music background The plaintiff sought medical advice and was told there was a risk that he could contract mesothelioma. She was admitted to the hospital and when operated a dead foetus was removed. 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; 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. 2 claims. Regretted Page v Smith HL 12-May-1995 The plaintiff was driving his car when the defendant turned into his path. Frost and Others v Chief Constable of South Yorkshire Police and Others (1996) The Times, 6 November, CA. This was an event of 19th October 1973. 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]. We've received widespread press coverage since 2003, Your UKDiss.com purchase is secure and we're rated 4.4/5 on Reviews.io. [39] As per Cazalet LJ. 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. 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. It was held by Salmon J. N>7>@s!z9@-w9Hy^O1? M:fXxKGkYqLfX A Ai>|N_*HbOsu.7B ovRl-#GQcLXH`{70l191X?@j`P02:vKX @9E. However, subsequently Lord Lloyd in the case of Page v Smith[13]further emphasized upon the distinction between the primary and secondary victims. 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. 164 0 obj <> endobj hb```R !1CFAFCFAAA KP`L%T98;00`8A$B*oAjb In this instance, mental illness was accompanied by a physical trauma i.e. 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 issue of communication by television was raised but not adequately dealt with. 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. The defendants resisted saying that the injury alleged, the development of pleural plaques, was yet insufficient as damage to found a claim. *You can also browse our support articles here >. 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. After a long examination of the case law by several of their Lordships, the three control Whereby, in order to bring a successful claim for psychiatric illness, the secondary victims, in accordance with the present law, face too many hurdles or obstacles. Alcock v Chief Constable of South Yorkshire Police [1992] 1 AC 310. The Law Commission Report, Liability for Psychiatric Illnesses, McLaughlin v O Brian (1983) AC 410 310 AT 407. Published: 21st Jan 2022. The UK High Court has found that the British Broadcasting Corporation (BBC) infringed the privacy of renowned musician Sir Cliff Richard (Sir Cliff) by broadcasting a raid by the South Yorkshire Police (the SYP) following an allegation of historical sexual . 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. 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. Both these two cases which involved the plaintiff being exposed to asbestos highlight the strictness of the Irish law in respect to such claims. 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. 56 Bourhill v YoungAlcock v Chief Constable of South Yorkshire Police [1943] AC 92. That appears to be the course advocated by Mullany and Handford, Tort Liability for Psychiatric Damage. The requirement of establishing proximity of relationship with the primary victims is one of the criteria. . Free resources to assist you with your legal studies! The claimants were secondary victims. We and our partners share information on your use of this website to help improve your experience. Held: . . Free resources to assist you with your university studies! He suffered only psychiatric injury. 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. However, these two categories of secondary victims are exceptionally allowed to recover at common law even without a close tie of love and affection between them and the immediate victims, as required of other secondary victims. Although the policy of the court seems to pose a substantial barrier or obstacle to the success of claims of this sort, but the court has justified this policy by showing an intention to restrict wide range of potential claimants who can bring successful action. The requirement of immediate aftermath principle was firmly established in the case of Mcloughlin v O Brian[67]. While Robertson was driving the van, Smith was sitting on top of the metal sheet. [65] Cases and Commentary on Tort, by Barbara Harvey & John Marston, 5th Edition. Evidence Law - Admissibility of Evidence Essays. The defendants admitted their negligence but also argued that the nervous shock suffered by the mother was too remote. An employer has a duty to protect his employees from physical but not psychiatric harm unless there was also a physical injury. 0 [20] Michaell A Jones, Liability for Psychiatric Illness More Principle, Less Subtlety? [1995] 4 Web JCLI. It is of paramount importance that the law enforcement Two of the claimants found their relatives or friend severely injured whereby one of them had his relative who escaped unhurt. Again, Griffith LJ[70] took the view that- although the claimants psychiatric injury was readily foreseeable but the defendants had no duty of care towards the claimant since that duty of care was restricted to the people on the road nearby. The Plaintiff had a pre-existing chronic fatigue syndrome, which manifested itself from time . As secondary victims they, like the bystanders or spectators, were not entitled to recover damages for their psychiatric illness. 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 . Over the years as claims have increased, while it is arguable, for a need for criteria to be developed , to prevent a floodgate of claims , one has to feel that some of the decisions , particularly in relation to cases such as Alcock v Chief Constable of South Yorkshire Police , appear to be particularly harsh , in respect of the claimants. In this case, the court considered chronic fatigue syndrome to be a recognizable psychiatric injury[9]. 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. The Chief Constable of South Yorkshire has admitted liability in negligence in respect of the deaths and physical injuries. Many of the spectators saw their friends and relatives die in the crush and suffered nervous shock after the incident. [36] As per Lord Hope [1995]S. C at page 364. Many of the 1.3 million residents of South Yorkshire have had enough. 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. [29] As per Lord Oliver [1992] 1 AC 310 at page 417. More news from across Yorkshire l'LCocI2Vp.0c 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. 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 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. View examples of our professional work here. Reference this Such a duty of care must be aplied to everyone in the vicinity particularly to a mother who had the fear for psysical safety to her children. The defendants car was standing inside the garage and he started backing the car out of the garage. 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. Acknowledging the acute difficultis particular to the evidence in such cases, the House of Lords, in Fairchild. So, according to the decision given by the House of Lords in this case, the court will only allow the secondary victims to establish a claim and recover damages for psychiatric illness if the following three elements are satisfied by the claimants. !L In this instance, a victims brother in- law visited the stadium make shift morgue a few hours after the disaster . . .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. In that case it was not reasonably freseeable by the defendant that the claimant was going to suffer from psychiatric illness after witnessing the accident. 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. This took place while Robertson was driving the van on a carriageway which was high above the water. In the case of Brice v Brown[4], hysterical personality disorder was considered to be a psychiatric injury. The teenager, who is now fighting for his life, was struck by a blue Mini Cooper at the junction of Leeds Road and Muffit Lane in Heckmondwike. The House of Lords in White v Chief Constable of South Yorkshire Police clarified that rescuers are not a special category of primary victim. 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. 34 [1996] 1 AC 155. 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]. , which manifested itself from time physical but not psychiatric harm unless there no. 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