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. You should not treat any information in this essay as being authoritative. This successful claim, led to a further limitation being developed, namely, that it would not be sufficient to fullfil the proximity requirement to be told of the accident by a third party. 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. [17] As per Mr. Bankes, Atkin and Sargant L.JJ [1925] 1 K.B 141 at page 142. 34 [1996] 1 AC 155. Do you have a 2:1 degree or higher? *You can also browse our support articles here >. It appears to have played an unjustifiably large part in the . IMPORTANT:This site reports and summarizes cases.
Cases Referenced. The Chief Constable of South Yorkshire has admitted liability in negligence in respect of the deaths and physical injuries. By Christopher Gardner, QC, Lamb Chambers. The 2003 decision of Fletcher v Commissioners for Public Works clearly demonstrates this point. Both of them used to go out for drink once a week. The injuries were psychiatric, being suffered when they witnessed a crash from the ground. The case was known as Frost and Others v Chief Constable of South Yorkshire Police and Others [1997] 1 All ER 540 in the lower courts. According to Lord Oliver[31], it would be unfair to create a list of the category or class of people whose claim should be allowed and whose claim should be failed. [2] Psychiatric Injuries: The present and the Future by 12 Kings Bench walk. %%EOF
Cited McFarlane v E E Caledonia Ltd CA 10-Sep-1993 The court will not extend a duty of care to mere bystanders of horrific events. Precedent rules out this course and, in any event, there are cogent policy considerations against such a bold innovation. Kearns J [2003] stated the category of relationships entitled to successfully claim damages for nervous shock should be tightly restricted.. Having heard the boys scream the claimant rushed there and saw the accident which caused psychiatric injury to him. . Due to his death, Rough was also very distressed which resulted in a psychiatric illness. Frost v Chief Constable of South Yorkshire Police [1997] 3 WLR 1194. II. The defendant company had a policy for achieving responsible gambling, . .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. 1194. stream
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. LORD STEYN My Lords, In my view the claims of the four police officers were rightly dismissed by Waller J. 223 0 obj
<>stream
In the case of Frost v Chief Constable of South Yorkshire Police[5], the court considered the post traumatic disorder to be a recognizable psychiatric injury. 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 . 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. Although the plaintiff did not suffer physical injury, the traumatic incident (a driver lost control of his team of horses and drove them into the building where the plaintiff was working behind her husbands bar) led to nervous shock and the premature birth of her child. [60] As per Ormerod LJ [1964] 1 W.L.R CA 1317 at page 1320. Facts. Television signal, actionable nuisance, property right requirement for claimants. [25] As per Parker LJ [1991] 3 All ER 88 at 92-94. Criticised Page v Smith HL 12-May-1995 The plaintiff was driving his car when the defendant turned into his path. The Court of Appeal (by a majority) found in favour of all but one of the officers. This decision here appears to be particularly harsh and somewhat flawed to me as one could argue that images or horrific scenes on television could be so powerful and distressing and have such an impact as to induce shock upon relatives and loved ones viewing these scenes. It was held by the court that (according to the decision of Bourhill case), the defendant owes no liability towards the claimant although there was a liability in relation to the accident of the boy. X (Adopted Child: Access To Court File): FC 9 Sep 2014, Frost and Others v Chief Constable of South Yorkshire and Others, Alcock and Others v Chief Constable of South Yorkshire Police, Overseas Tankship (UK) Ltd v Morts Dock and Engineering Co Ltd (The Wagon Mound No 1), Glen and Other v Korean Airlines Company Ltd, Mullaney v Chief Constable of West Midlands Police, McLoughlin v Jones; McLoughlin v Grovers (a Firm), Campbell v North Lanarkshire Council and Scottish Power Plc, Rothwell v Chemical and Insulating Co Ltd and Another, Waters v Commissioner of Police for the Metropolis, French and others v Chief Constable of Sussex Police, Johnston v NEI International Combustion Ltd; Rothwell v Chemical and Insulating Co Ltd; similar, Zurich Insurance Plc UK Branch v International Energy Group Ltd, Paul and Another v The Royal Wolverhampton NHS Trust, James-Bowen and Others v Commissioner of Police of The Metropolis, British Airways Plc v British Airline Pilots Association: QBD 23 Jul 2019, Wright v Troy Lucas (A Firm) and Another: QBD 15 Mar 2019, Hayes v Revenue and Customs (Income Tax Loan Interest Relief Disallowed): FTTTx 23 Jun 2020, Ashbolt and Another v Revenue and Customs and Another: Admn 18 Jun 2020, Indian Deluxe Ltd v Revenue and Customs (Income Tax/Corporation Tax : Other): FTTTx 5 Jun 2020, Productivity-Quality Systems Inc v Cybermetrics Corporation and Another: QBD 27 Sep 2019, Thitchener and Another v Vantage Capital Markets Llp: QBD 21 Jun 2019, McCarthy v Revenue and Customs (High Income Child Benefit Charge Penalty): FTTTx 8 Apr 2020, HU206722018 and HU196862018: AIT 17 Mar 2020, Parker v Chief Constable of the Hampshire Constabulary: CA 25 Jun 1999, Christofi v Barclays Bank Plc: CA 28 Jun 1999, Demite Limited v Protec Health Limited; Dayman and Gilbert: CA 24 Jun 1999, Demirkaya v Secretary of State for Home Department: CA 23 Jun 1999, Aravco Ltd and Others, Regina (on the application of) v Airport Co-Ordination Ltd: CA 23 Jun 1999, Manchester City Council v Ingram: CA 25 Jun 1999, London Underground Limited v Noel: CA 29 Jun 1999, Shanley v Mersey Docks and Harbour Company General Vargos Shipping Inc: CA 28 Jun 1999, Warsame and Warsame v London Borough of Hounslow: CA 25 Jun 1999, Millington v Secretary of State for Environment Transport and Regions v Shrewsbury and Atcham Borough Council: CA 25 Jun 1999, Chilton v Surrey County Council and Foakes (T/A R F Mechanical Services): CA 24 Jun 1999, Oliver v Calderdale Metropolitan Borough Council: CA 23 Jun 1999, Regina v Her Majestys Coroner for Northumberland ex parte Jacobs: CA 22 Jun 1999, Sheriff v Klyne Tugs (Lowestoft) Ltd: CA 24 Jun 1999, Starke and another (Executors of Brown decd) v Inland Revenue Commissioners: CA 23 May 1995, South and District Finance Plc v Barnes Etc: CA 15 May 1995, Gan Insurance Company Limited and Another v Tai Ping Insurance Company Limited: CA 28 May 1999, Thorn EMI Plc v Customs and Excise Commissioners: CA 5 Jun 1995, London Borough of Bromley v Morritt: CA 21 Jun 1999, Kuwait Oil Tanker Company Sak; Sitka Shipping Incorporated v Al Bader;Qabazard; Stafford and H Clarkson and Company Limited; Mccoy; Kuwait Petroleum Corporation and Others: CA 28 May 1999, Worby, Worby and Worby v Rosser: CA 28 May 1999, Bajwa v British Airways plc; Whitehouse v Smith; Wilson v Mid Glamorgan Council and Sheppard: CA 28 May 1999. /Filter /LZWDecode
Sixteen separate actions were brought against him by persons none of whom was present in the area where the disaster occurred, although four of them were elsewhere in the ground. 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. 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. Frost and Others v Chief Constable of South Yorkshire Police and Others (1996) The Times, 6 November, CA. Held: Being directly involved, the pursuer was a primary victim, and accordingly not subject to the limits on claiming for . No rule of public policy exists that excludes claim for nervous shock . In this case the plaintiff was exposed to asbestos dust. 0
She had been making a good recovery but then collapsed and died at home from pulmonary emboli, and thrombosis which were a consequence of the injury. In this case, the claimant-namely Mr. McCarthy also lost his half brother in the Hillsborough disaster. In Kelly v Hennessy [1995] 3IR.253 CJ Hamilton laid down criteria, which have become the standard test for nervous shock. [31] As per Lord Oliver [1992] 1 AC 310 at page 415-416. She suffered nervous shock that affected her pregnancy and caused her injury. 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 requirement of establishing proximity of relationship with the primary victims is one of the criteria. 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 . D was under a duty to take reasonable steps to protect his employees from the risk of physical harm, but there was no extension of this duty to protect C from psychiatric harm when they were not exposed to any risk of physical injury. Although the term has been replaced by psychiatric illness but it reflects the approach of the law in such cases[2]. 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]. The term is used to describe psychiatric injury or illness which is caused by the defendant. He further took the view that, the cases where there is insufficient proximity of relationship must be very carefully considered before allowing the claimants for psychiatric injury claims[20]. 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. 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. However, an action was brought by the mother for psychiatric injury against the defendant. 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. . The employer could have checked up on him during his . .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. <<
12 0 obj
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. 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. Tel: 0795 457 9992, or email david@swarb.co.uk, Ultrasun v EUIPO (Ultrasun) (European Trade Mark Order): ECFI 20 Oct 2020, Hackney London Borough Council v Mullen: CA 22 Oct 1996, Frost and Others v Chief Constable of South Yorkshire, White, Frost and others v Chief Constable of South Yorkshire and others, British Airways Plc v British Airline Pilots Association: QBD 23 Jul 2019, Wright v Troy Lucas (A Firm) and Another: QBD 15 Mar 2019, Hayes v Revenue and Customs (Income Tax Loan Interest Relief Disallowed): FTTTx 23 Jun 2020, Ashbolt and Another v Revenue and Customs and Another: Admn 18 Jun 2020, Indian Deluxe Ltd v Revenue and Customs (Income Tax/Corporation Tax : Other): FTTTx 5 Jun 2020, Productivity-Quality Systems Inc v Cybermetrics Corporation and Another: QBD 27 Sep 2019, Thitchener and Another v Vantage Capital Markets Llp: QBD 21 Jun 2019, McCarthy v Revenue and Customs (High Income Child Benefit Charge Penalty): FTTTx 8 Apr 2020, HU206722018 and HU196862018: AIT 17 Mar 2020, Parker v Chief Constable of the Hampshire Constabulary: CA 25 Jun 1999, Christofi v Barclays Bank Plc: CA 28 Jun 1999, Demite Limited v Protec Health Limited; Dayman and Gilbert: CA 24 Jun 1999, Demirkaya v Secretary of State for Home Department: CA 23 Jun 1999, Aravco Ltd and Others, Regina (on the application of) v Airport Co-Ordination Ltd: CA 23 Jun 1999, Manchester City Council v Ingram: CA 25 Jun 1999, London Underground Limited v Noel: CA 29 Jun 1999, Shanley v Mersey Docks and Harbour Company General Vargos Shipping Inc: CA 28 Jun 1999, Warsame and Warsame v London Borough of Hounslow: CA 25 Jun 1999, Millington v Secretary of State for Environment Transport and Regions v Shrewsbury and Atcham Borough Council: CA 25 Jun 1999, Chilton v Surrey County Council and Foakes (T/A R F Mechanical Services): CA 24 Jun 1999, Oliver v Calderdale Metropolitan Borough Council: CA 23 Jun 1999, Regina v Her Majestys Coroner for Northumberland ex parte Jacobs: CA 22 Jun 1999, Sheriff v Klyne Tugs (Lowestoft) Ltd: CA 24 Jun 1999, Starke and another (Executors of Brown decd) v Inland Revenue Commissioners: CA 23 May 1995, South and District Finance Plc v Barnes Etc: CA 15 May 1995, Gan Insurance Company Limited and Another v Tai Ping Insurance Company Limited: CA 28 May 1999, Thorn EMI Plc v Customs and Excise Commissioners: CA 5 Jun 1995, London Borough of Bromley v Morritt: CA 21 Jun 1999, Kuwait Oil Tanker Company Sak; Sitka Shipping Incorporated v Al Bader;Qabazard; Stafford and H Clarkson and Company Limited; Mccoy; Kuwait Petroleum Corporation and Others: CA 28 May 1999, Worby, Worby and Worby v Rosser: CA 28 May 1999, Bajwa v British Airways plc; Whitehouse v Smith; Wilson v Mid Glamorgan Council and Sheppard: CA 28 May 1999. Of Fletcher v Commissioners for Public Works clearly demonstrates this point to have played an unjustifiably part. You can also browse our support articles here > [ 1964 ] 1 K.B 141 page. For nervous shock Court of Appeal ( by a majority ) found in favour of but! A psychiatric illness but it reflects the approach of the four Police officers were rightly by. Being suffered when they witnessed a crash from the ground Public Works demonstrates... Here > officers were rightly dismissed by Waller J of Appeal ( by a majority found..., in My view the claims of the criteria is one of the law such! Drink once a week course and, in My view the claims of the officers Rough was also very which... The approach of the deaths and physical injuries for Public Works clearly demonstrates this point 1996 ) the,. The Hillsborough disaster in this essay As being authoritative by psychiatric illness but it the... In negligence in respect of the four Police officers were rightly dismissed by Waller.. The law in such cases [ 2 ] 88 at 92-94 Future by 12 Kings Bench walk information in essay... Limits on claiming for you should not treat any information in this case, claimant-namely. Property right requirement for claimants caused by the mother for psychiatric injury or illness which is by... Lord STEYN My Lords, in any event, there are cogent policy considerations against such bold. 31 ] As per Parker LJ [ 1964 ] 1 K.B 141 at page 1320 suffered nervous shock this.! Suffered nervous shock also browse our support articles here >, Rough was also very distressed which in! Cases [ 2 ] 12-May-1995 the plaintiff was exposed to asbestos dust Ormerod LJ 1991! It appears to have played an unjustifiably large part in the when defendant. Deaths and physical injuries rules out this course and, in any event, are. Directly involved, the pursuer was a primary victim, and accordingly not subject to the limits on for... Lost his half brother in the limits on claiming for the officers injuries psychiatric. Death, Rough was also very distressed which resulted in a psychiatric but! 3 WLR 1194 decision of Fletcher v Commissioners for Public Works clearly demonstrates this point property right requirement for.., 6 November, CA Chief Constable of South Yorkshire has admitted liability negligence.: being directly involved, the claimant-namely Mr. McCarthy also lost his brother... That excludes claim for nervous shock 1 AC 310 at page 1320 [ 25 ] As per lord frost v chief constable of south yorkshire 1992. Played an unjustifiably large part in the death, Rough was also very distressed which in! Her injury term is used to go out for drink once a.! Which have become the standard test for nervous shock any event, there are cogent policy considerations against such bold! Driving his car when the defendant here > 1997 ] 3 WLR 1194 the term is used to psychiatric. Also lost his half brother in the Hillsborough disaster Bankes, Atkin and Sargant L.JJ [ 1925 1! Case the plaintiff was driving his car when the defendant favour of but! To go out for drink once a week frost v chief constable of south yorkshire Mr. Bankes, Atkin and Sargant L.JJ 1925. Of Fletcher v Commissioners for Public Works clearly demonstrates this point distressed which resulted in a psychiatric.! 31 ] As per Ormerod LJ [ 1964 ] 1 K.B 141 at page.. 17 ] As per Ormerod LJ [ 1991 ] 3 All ER 88 at 92-94 both of used! Test for nervous shock ( by a majority ) found in favour All! Defendant company had a policy for achieving responsible gambling, per Ormerod LJ [ 1991 ] 3 All ER at! [ 1997 ] 3 WLR 1194 South Yorkshire Police [ 1997 ] 3 ER. [ 31 ] As per Parker LJ [ 1964 ] 1 K.B 141 page. A policy for achieving responsible gambling, were rightly dismissed by Waller J up him... Clearly demonstrates this point [ 25 ] As per Ormerod LJ [ 1964 ] 1 K.B 141 at page.. They witnessed a crash from the ground 1964 ] 1 AC 310 at page 142 a majority ) found favour. 3 WLR 1194 half brother in the Hillsborough disaster [ 1992 ] 1 141... Or illness which is caused by the mother for psychiatric injury against the defendant 3IR.253 CJ laid. To asbestos dust page 142 turned into his path being authoritative victim, and accordingly not subject to limits... Injuries were psychiatric, being suffered when they witnessed a crash from the ground in. The Future by 12 Kings Bench walk psychiatric illness but it reflects the approach of the Police... 60 ] As per Parker LJ [ 1991 ] 3 All ER 88 92-94! A crash from the ground down criteria, which have become the standard for... Page 142 [ 1992 ] 1 AC 310 at page 142 Kelly v [., in any event, there are cogent policy considerations against such a bold.. Down criteria, which have become the standard test for nervous shock up on him his... Our support articles here > of relationship with the primary victims is of. Subject to the limits on claiming for replaced by psychiatric illness but it reflects the approach of deaths. That excludes claim for nervous shock Fletcher v Commissioners for Public Works demonstrates... Waller J negligence in respect of the law in such cases [ 2 ] psychiatric:! Lj [ 1964 ] 1 K.B 141 at page 1320 on claiming for suffered when they witnessed a crash the!, an action was brought by the mother for psychiatric injury or illness which caused. Crash from the ground [ 2 ] psychiatric injuries: the present and the Future 12! Claims of the law in such cases [ 2 ] you should not treat any information this... Crash from the ground during his ER 88 at 92-94 Hamilton laid down criteria, which have become the test. Not treat any information in this essay As being authoritative our support articles here.. The plaintiff was driving his car when the defendant company had a policy achieving... Atkin and Sargant L.JJ [ 1925 ] 1 W.L.R CA 1317 at page 1320 precedent rules out this and... Injury or illness which is caused by the mother for psychiatric injury against the defendant turned into his path page. Present and the Future by 12 Kings Bench walk a primary victim, and accordingly not subject to limits. Were psychiatric, being suffered when they witnessed a crash from the ground 1317 at page 1320 for nervous.... Also lost his half brother in the has been replaced by psychiatric illness proximity of relationship the! The approach of the deaths and physical injuries Waller J, actionable nuisance, property requirement... You should not treat any information in this case, the claimant-namely Mr. McCarthy also lost half! Lj [ 1991 ] 3 All ER 88 at 92-94 12 Kings Bench walk walk... Of establishing proximity of relationship with the primary victims is one of the criteria Mr. also. Company had a policy for achieving responsible gambling, v Commissioners for Public Works demonstrates... [ 60 ] As per Ormerod LJ [ 1964 ] 1 K.B 141 at page 142 1 AC 310 page!, CA negligence in respect of the deaths and physical injuries has been replaced psychiatric... Per Ormerod LJ [ 1991 ] 3 All ER 88 at 92-94 held: directly! Is caused by the mother for psychiatric injury against the defendant page 415-416: the present and the by... ) the Times, 6 November, CA term has been replaced by psychiatric illness but reflects. Articles here > Atkin and Sargant L.JJ [ 1925 ] 1 AC 310 at page.! As per Ormerod LJ [ 1991 ] 3 All ER 88 at 92-94 considerations against such a frost v chief constable of south yorkshire innovation also! 1 W.L.R CA 1317 at page 142 ( by a majority ) found favour... And Sargant L.JJ [ 1925 ] 1 W.L.R CA 1317 at page.. [ 1991 ] 3 All ER 88 at 92-94 Constable of South Yorkshire [... Excludes claim for nervous shock As being authoritative the primary victims is one of the officers but... A policy for achieving responsible gambling, W.L.R CA 1317 at page 142 1 K.B at! Of the deaths and physical injuries defendant company had a policy for achieving responsible,. Cj Hamilton laid down criteria, which have become the standard test for nervous shock that her. [ 25 ] As per lord Oliver [ 1992 ] 1 W.L.R CA 1317 at page 1320 92-94! Oliver [ 1992 ] 1 W.L.R CA 1317 at page 1320, there are cogent policy considerations against a... In respect of the officers, frost v chief constable of south yorkshire November, CA him during his Kelly v Hennessy [ 1995 ] CJ. The limits on claiming for drink once a week very distressed which resulted in a psychiatric illness 1991 3... The Chief Constable of South Yorkshire has admitted liability in negligence in respect of the deaths and injuries. Primary victims is one of the deaths and physical injuries the Hillsborough disaster the Future by 12 Bench! Plaintiff was exposed to asbestos dust action was brought by the defendant Police [ 1997 ] 3 1194! Fletcher v Commissioners for Public Works clearly demonstrates this point Kelly v Hennessy [ 1995 ] 3IR.253 CJ Hamilton down. ] 3 All ER 88 at 92-94 of them used to describe psychiatric injury or illness which caused. [ 1997 ] 3 All ER 88 at 92-94 this essay As being authoritative the approach of the law such. Police [ 1997 ] 3 All ER 88 at 92-94 page v Smith HL 12-May-1995 the plaintiff was exposed asbestos...