frost v chief constable of south yorkshirefrost v chief constable of south yorkshire

II. 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 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 order to support this argument, the claimant relied on the decision of the case in In re Polemis and Furness, withy & Co. Ltd[47]. As a result, the claimant suffered from a nervous shock. The court did not allow any damages to the claimant for her psychiatric injury. Initially Alcock was not worried about his brother in law as he believed that he would be watching the match from another stand of the stadium which was safe. (White (Frost) v Chief Constable of S Yorks, pp 500 and 511) The Clinical Negligence cases 1. 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. That is to say, the secondary victims must establish a close relationship with the primary victims. [15] Kay Wheat (2003) Proximity and Nervous Shock Common Law World Review 32 4 (313). 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. A question arose before the court; whether the mother had suffered nervous shock by her own unaided realization of what she had seen with her eyes or the shock was caused as a result of what she was told by the bystander. The court considered her to be outside the area of potential danger. This case document summarizes the facts and decision in Frost (or White) v Chief Constable of South Yorkshire Police [1999] 2 AC 455. . The married mother-of-one began her policing career in 1998 with Humberside Police and joined South Yorkshire Police in 2017 as Assistant Chief Constable. In the case of Benson v Lee[62], the claimant was informed that her son had an accident and sustained injuries. 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. [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. Section A The codification of directors duties was an unnecessary step. The victims were taken to the nearest hospital by that neighbour. The term is used to describe psychiatric injury or illness which is caused by the defendant. Her claim was struck out, but restored on appeal. C brought an action in negligence (and/or breach of statutory duty) against their employer, the Chief Constable of South Yorkshire Police (D), for . 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. His brother in law and his nephew also had been present in the football ground who was watching the live match from the terrace. 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. Due to the accident, the claimants husband suffered from bruising and the other children suffered from severe physical injuries and shock. 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 . 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]. .Cited McLoughlin v Jones; McLoughlin v Grovers (a Firm) CA 2002 In deciding whether a duty of care is established the court must go to the battery of tests which the House of Lords has taught us to use, namely: . [2000] 4 All ER 769 at page 770. He became so upset with his personal life and as a result his marriage life was affected. 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. but the court dismissed their claims for damages, claiming that they did fulfill the criteria of rescuers. However, they did not fulfill a number of criteria (Wilberforce test as in previous case). However , he was failed to meet the criteria of immediate aftermath of the disaster. So, finally it was held by the majority of the Court of Appeal that the defendant owed no duty of care to the claimant even though her psychiatric injury was reasonably foreseeable. 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 . 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. This took place while Robertson was driving the van on a carriageway which was high above the water. He was seriously injured. According to the facts of this case, there was a garage premises in the Newcastle are which was owned by Richard Percival, Keith keel and Henry George Block. 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. [71] As per Cumming Bruce LJ. 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. Difficult point of law about the circumstances in which a defendant who owes a duty of care . 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. Copyright 2003 - 2023 - UKDiss.com is a trading name of Business Bliss Consultants FZE, a company registered in United Arab Emirates. .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. 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. At that time she was three of four months advanced in pregnancy. 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. Both cars suffered considerable damage but the drivers escaped physical injury. 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. . . 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. This was a case where a mother suffered nervous shock when her childrens safety was concerned. The mother came across the tricycle which was lying underneath the taxicab but failed to see the boy. 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. Mentioned Walker v Northumberland County Council QBD 16-Nov-1994 The plaintiff was a manager within the social services department. Ibid, at 576. 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). Top Tier Firm Rankings. 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. HL dismissed their claims since they were suffering extreme grief, not a psychiatric illness. The plaintiffs wife had been walking up the . 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 Do you have a 2:1 degree or higher? The case of Alcock v Chief Constable of South Yorkshire[22]is the best example which provided the criteria for recovery of psychiatric injury claims by the secondary victims. The defendant argued that, there was no negligence on his part as far as the claimants psychiatric illness was concerned. .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. 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]. 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. [19] As per Lord Wilberforce [1883] 1 A.C. 410 at Page 411. . [34] Cases and Commentary on Tort, by Barbara Harvey & John Marston, 5th Edition. Others failed the close ties of love and affection . [24] Cases and Commentary on Tort, by Barbara Harvey & John Marston, 5th Edition. 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 The House of Lords reversed the Court of Appeal decision in Frost v Chief Constable of South Yorkshire [1997] 1 All ER 540, which had found that the plaintiffs were primary victims, as rescuers. It was argued that the defendants had failed to take adequate precautions to protect the plaintiff. In 1997, the claimant initiated an action for psychiatric illness against the defendant. 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. 223 0 obj <>stream To export a reference to this article please select a referencing stye below: UK law covers the laws and legislation of England, Wales, Northern Ireland and Scotland. If you are the original writer of this essay and no longer wish to have your work published on LawTeacher.net then please: Our academic writing and marking services can help you! Cases in bold have further reading - click to view related articles.. Alcock v Chief Constable of South Yorkshire [1991] UKHL 5; Dooley v Cammell Laird & Co Ltd [1951] 1 Lloyd's Rep 271; Frost v Chief Constable of South Yorkshire [1997] 3 WLR 1194; Galt v British Railways Board (1983) 133 NLJ 870; Gregg v Ashbrae Ltd [2006] NICA 17; Hunter v British Coal Corporation [1998 . 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. The defendants admitted their negligence but also argued that the nervous shock suffered by the mother was too remote. Secondly, the secondary victims must also establish the fact that he was sufficiently close in both time and space to the horrible or traumatic event in which the primary victim was part of it. 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. His widow claimed in nervous shock, saying that it had eventually led to his own death. Any opinions, findings, conclusions, or recommendations expressed in this material are those of the authors and do not reflect the views of LawTeacher.net. The House considered claims by police officers who had suffered psychiatric injury after tending the victims of the Hillsborough tragedy. During this period in society there was a view that people of strong moral character did not succumb to their emotions. A rescuer, not himself exposed to physical risk by being involved in a rescue was a secondary victim, and as such not entitled to claim. 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]. [17] As per Mr. Bankes, Atkin and Sargant L.JJ [1925] 1 K.B 141 at page 142. Such a relationship which is full of close tie and affection may be presumed to exist into the familial relationship or close friendship. It must be left to Parliament to undertake the task of radical law reform.. *You can also browse our support articles here >. [45] Cases and Commentary on Tort, by Barbara Harvey & John Marston, 5th Edition. 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. They would allow claims for pure psychiatric damage by mere bystanders: see (1997) 113 LQR 410, 415. 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. [69] As per Stephenson LJ [1981] 1 All ER 809 at page 823. 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 . We do not provide advice. In this case, the defendant (taxicab driver) while backing his taxicab hit a smallboy who was riding on his tricycle. Cited Hinz v Berry CA 1970 Then plaintiff saw her husband killed and her children injured by a runaway motor car. 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 . Cited Best v Samuel Fox and Co Ltd 1952 The court considered liability for injury to secondary victims. 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