Many of the claimants witnessed horrific images and scenes of carnage on the television . 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 . Having heard this, the claimant ran approximately hundred yards from her place in order to see her son who was eventually died. Looking for a flexible role? 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. Two of the claimants found their relatives or friend severely injured whereby one of them had his relative who escaped unhurt. The Court of Appeal held that no claim could be brought by a secondary victim for psychiatric injury caused by a separate horrific event removed in time from the original negligence, accident or first horrific event. 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. HL dismissed their claims since they were suffering extreme grief, not a psychiatric illness. The issue before the court was whether any person is entitled to establish a claim for psychiatric illness which has been sustained through the fear or apprehension of physical injury to others. Once the requirement of proximity of relationship is satisfied, the secondary victims must also establish the facts that he had physical proximity to the accident or its immediate aftermath. The lorry ran violently down the hill. The children had severe head and face injuries, concussion and fractures. Cited Hinz v Berry CA 1970 Then plaintiff saw her husband killed and her children injured by a runaway motor car. 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. There was no doubt that each claimant had a nervous shock from the horrible disaster which caused psychiatric illness to them, but the question arose whether they were entitled to establish a claim and recover damages for psychiatric illness. .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. 5th Oct 2021 The House of Lords in White v Chief Constable of South Yorkshire Police clarified that rescuers are not a special category of primary victim. According to him, the primary victims are the category of victims who mediately or immediately was involved into the accident and the secondary victims are those who passively and unwillingly witnessed the event that involved the injury of others and subsequently sustained psychiatric illness[12]. 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. Although, Rough was driving another van but he came across the accident. However, in this case, their Lordship took the similar opinion that, the issue of proximity of relationship should be decided on a case by case basis. At one stage, the motor lorry started off by itself and went down the incline with a high speed where the claimant left her children playing. 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. Difficult point of law about the circumstances in which a defendant who owes a duty of care . 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 employer could have checked up on him during his . The horrible accident took place when the employees were removing a big thin piece of metal sheeting which was lying on the south-bound carriageway. However, subsequently Lord Lloyd in the case of Page v Smith[13]further emphasized upon the distinction between the primary and secondary victims. 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. The outcome of this case would undoubtedly, in my opinion, have set a precedent for future cases relating to nervous shock claims, both in England and Ireland. . swarb.co.uk is published by David Swarbrick of 10 Halifax Road, Brighouse, West Yorkshire, HD6 2AG. [60] As per Ormerod LJ [1964] 1 W.L.R CA 1317 at page 1320. He claimed damages from the respondent for contributory negligence of other officers in failing to come to his assistance. Study with Quizlet and memorize flashcards containing terms like Define primary victim, Define secondary victim, What was the initial definition of psychiatric damage and more. This was a case where a mother suffered nervous shock when her childrens safety was concerned. Having witnessed the accident, the claimant later suffered from post traumatic stress disorder. 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. An employer has a duty to protect his employees from physical but not psychiatric harm unless there was also a physical injury. However, liability could not be avoided if the accident took place very close to him and was so horrific. But that would be contrary to precedent and, in any event, highly controversial. In that case, as long as the claimants can establish that there is a kind of close tie of love with the injured person and because of having such a relationship the claimant is mentally disturbed or shocked when the loved one suffers serious physical peril or injury. Cited Chadwick v British Railways Board 1967 Mr Chadwick tried to bring relief and comfort to the victims of the Lewisham train disaster in December 1967. All of the aforementioned cases demonstrate clearly that claims relating to nervous shock are indeed highly complex and, in my opinion, some of the outcomes seriously flawed. Do you have a 2:1 degree or higher? No damages for Psychiatric Harm Alone. 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. [9] NJ Mullany, Psychiatric damage in the House of Lords- Fourth time Unlucky: Page v Smith (1995) 3 Journal of Law and Medicine 112. The test of reasonable foreseeability was applied and issues of space, time and relationship were considerations in determining the degree of foreseeability of psychiatric illness. 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) . . Published: 21st Jan 2022. 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. 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. 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. Page -v- Smith [1995] 2 All ER 736 at 759, 761 per Lord Lloyd. [55] As per Denning LJ [1953] 1 All ER 617 at page 625. The father subsequently suffered nervous shock as a result of witnessing the accident. View examples of our professional work here. 0 Held: If a police officer owes a duty of care to . Close ties of love and affection was assumed in relation to parent- child and spouse relationships. The Plaintiff had a pre-existing chronic fatigue syndrome, which manifested itself from time . 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 In this instance, mental illness was accompanied by a physical trauma i.e. The issue of communication by television was raised but not adequately dealt with. So, in this situation- Singleton LJ. [31] As per Lord Oliver [1992] 1 AC 310 at page 415-416. Only full case reports are accepted in court. Only full case reports are accepted in court. Before making any decision, you must read the full case report and take professional advice as appropriate. 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. Having heard the scream the father (claimant) rushed into the spot and found his son with his foot trapped by the cars wheel. 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. Music has historically been a key player in society and personal life. Donaghue v Stevenson [1932] A.C. 532. In relation to employer/employee relationship and duty of care the courts did not uphold the principles of the above cases. . Only Parliament could take such a step. In my view the only sensible general strategy for the courts is to say thus far and no further. That is to say, the secondary victims must establish a close relationship with the primary victims. The House of Lords dismissed all the claimants appeals since none of them was able to satisfy the recovery criteria for psychiatric illness which had been laid down in Alcock case. Traditionally, the category of close relationship indicates the familial relationship, such as the relationship between the spouses, parents and children, brothers and sisters etc. Frost and Others v Chief Constable of South Yorkshire Police and Others (1996) The Times, 6 November, CA . 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. Although he did not suffer physical injury, the crash he claimed resulted in chronic fatigue syndrome. Tel: 0795 457 9992, or email david@swarb.co.uk. They would allow claims for pure psychiatric damage by mere bystanders: see (1997) 113 LQR 410, 415. Held: The definition of the work expected of him did not justify the demand placed upon him. The claimant further argued that the defendant by causing an accident to the boy negligently had been in breach of his duty and was liable to for all the direct consequences of the breach, no matter if the damage to the claimant was reasonably forseeable or not. [69] As per Stephenson LJ [1981] 1 All ER 809 at page 823. 12 White v Chief Constable of South Yorkshire Police ibid. 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. Recovery, on the other hand, for a secondary victim is differentiated and is much more restricted. Such a relationship which is full of close tie and affection may be presumed to exist into the familial relationship or close friendship. [24] Cases and Commentary on Tort, by Barbara Harvey & John Marston, 5th Edition. 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]. Times 06-Nov-1996, [1996] EWHC CA 173if(typeof ez_ad_units != 'undefined'){ez_ad_units.push([[320,100],'swarb_co_uk-medrectangle-3','ezslot_6',114,'0','0'])};__ez_fad_position('div-gpt-ad-swarb_co_uk-medrectangle-3-0'); Bailiiif(typeof ez_ad_units != 'undefined'){ez_ad_units.push([[250,250],'swarb_co_uk-medrectangle-4','ezslot_5',113,'0','0'])};__ez_fad_position('div-gpt-ad-swarb_co_uk-medrectangle-4-0'); Appeal from Frost and Others v Chief Constable of South Yorkshire QBD 3-Jul-1995 Trained rescuers have to be assumed to have a higher distress threshold because of their training and experience, and if a claim for psychiatric injury is to be made out, they must show some exceptional and particular situation to justify the claim. It appears to have played an unjustifiably large part in the . 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. 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. It was agreed between the parties that the only issue was whether they could satisfy the criterion of . 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. N>7>@s!z9@-w9Hy^O1? M:fXxKGkYqLfX A Ai>|N_*HbOsu.7B ovRl-#GQcLXH`{70l191X?@j`P02:vKX @9E. Again, in the case of Fenn v City of Peterborough[64], the claimant arived home couple of minutes after a gas explosion in which he lost his three children. 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. foreseeability of psychiatric shock needed to be considered. . In this case, notwithstanding the fact that the claimant arrived in to the hospital with a view to see her injured family membrs after two hours, the House of Lords still recognized that as an immediate aftermath. 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. Packenham v Irish Ferries . As far as the claims for psychiatric illness is concerned, it was the case of Hambrook v Stokes Bros[16], where the English courts for the first time recognized a claim for psychiatric illness by the secondary victims. Take a look at some weird laws from around the world! 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]. Any information contained in this case summary does not constitute legal advice and should be treated as educational content only. . 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). %PDF-1.5 % 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. 141. Note White was known as Frost v. Chief Constable of South Yorkshire Police in the Court of Appeal] LORD GOFF My Lords, These appeals arise from further proceedings following the tragic events which occurred at the Hillsborough Football Stadium in Sheffield on 15 April 1989, when 95 spectators died and hundreds more were injured, one fatally, as . However, an action was brought by the mother for psychiatric injury against the defendant. CJ Keane criticized the logic of distinguishing between psychiatric illnesses resulting from a traumatic event as opposed to suffering grief in its aftermath. The defendant company had a policy for achieving responsible gambling, . 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! Generally, nervous shock is a term which has been used by lawyers. QB 335; [1995] 2 WLR 173; [1995] 1 All ER 833 , CA Entick v Carrington (1765) 2 Wils KB 275 Frost v Chief . So, therefore, a secondary victim is someone who suffers from psychiatric illness through the fear of other persons safety or injury. His employers had refused to provide the increased support he requested. Abstract. 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. A rescuer or an employee suffering such psychiatric illness is also classified as a secondary victim (unless they are themselves endangered in the event). IMPORTANT:This site reports and summarizes cases. Kearns J [2003] stated the category of relationships entitled to successfully claim damages for nervous shock should be tightly restricted.. After the dismissal from the Court of Appeal, ten of the claimants made an appeal to the House of Lords against the decision given by the Court of Appeal. On that occasion the law lords removed any special rights of employees or . Held: Where an accident is of a particular . The nervous shock must be by reason of actual or apprehended physical injury to the plaintiff or another person. . 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. But, the chief constable of South Yorkshire police claimed that they did not owe any duty of care to the claimants. They claimed that because they were rescuers they should be treated as primary victims. Held: (Smith LJ dissenting) The . See para 1.5 n 14 below. The House considered claims by police officers who had suffered psychiatric injury after tending the victims of the Hillsborough tragedy. In the case of bystanders, it is not generally foreseeable by the defendants that such a person would suffer from psychiatric injury. 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. 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. As a result of the tragic death of his workmate he was so upset and mentally distressed. [57] A Selection Of Cases Illustrative of the English Law of Tort by Kenny, Courtney Stanhope: Fifth Edition. u $VnI=vJ--EmC\A$2Tat9iamg~>k,H7^V TJ=7jdv'6M:c 7c{}N8o}~p7k;? 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. As soon as she arrived to the hospital, she was informed that her youngest daughter was killed. 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]. However, the defendants appeal was allowed by the Court of Appeal and on the other hand it did not allow the unsuccessful claimants appeal. Registered office: Creative Tower, Fujairah, PO Box 4422, UAE. Reference this During this period in society there was a view that people of strong moral character did not succumb to their emotions. This case raised two principal questions. Also the plaintiff had to establish that the nervous shock caused by the accident, resulted from her fear for her own safety. 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. Frost v Chief Constable of South Yorkshire Police [1997] 3 WLR 1194. Acting for the Chief Constable of the South Yorkshire Police on the Hillsborough litigation in relation to the Inquests, Alcock (family PTSD claims) and Frost/White (police PTSD claims); Court of Appeal win in Webster v Ellison Circlips on automatic strike out. Alcock -v- The Chief Constable of South Yorks [1992] 1 AC 310. Hearing about it from someone else would not suffice. The best example is Boardman and Another v Sanderson and Another[56]. 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. During a major football match in the Hillsborough ground, one part of the football stadium was crashed because the South Yorkshire police allowed an excessively large number of spectators in that part of the stadium which was already full. Filters. 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. We're here to answer any questions you have about our services. 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