Cited Best v Samuel Fox and Co Ltd 1952 The court considered liability for injury to secondary victims. 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. This was not the situation prior to this case. 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. Prior to this, the initial response of the common law to claims relating to nervous shock, was to deny responsibility. Abstract. This time the ground for appeal was whether the defendants could have reasonably foreseen the psychiatric illness suffered by the claimants or secondary victims. [14] Secondary Victims and Nervous Shock by M Dunne (2000) BR 383. In Page v Smith this distinction was further developed. *You can also browse our support articles here >. The lorry ran violently down the hill. In this instance, mental illness was accompanied by a physical trauma i.e. Regretted Page v Smith HL 12-May-1995 The plaintiff was driving his car when the defendant turned into his path. Hamrook v Stokes Bros (1925) 1 K.B. Held: The definition of the work expected of him did not justify the demand placed upon him. . The requirement of establishing proximity of relationship with the primary victims is one of the criteria. See para 1.5 n 14 below. Appeal from - White, Frost and others v Chief Constable of South Yorkshire and others HL 3-Dec-1998. 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. [41] Kay Wheat (2003) Proximity and Nervous Shock Common Law World Review 32 4 (313). . He had returned to work, but again, did . More news from across Yorkshire It was not disputed that D was negligent or, indeed, that this had caused nervous shock to C. The Court of Appeal had previously found in favour of C and D appealed to the House of Lords. .Cited Salter v UB Frozen Chilled Foods OHCS 25-Jul-2003 The pursuer was involved in an accident at work, where his co-worker died. We've received widespread press coverage since 2003, Your UKDiss.com purchase is secure and we're rated 4.4/5 on Reviews.io. Having witnessed the tragic death of Smith, both his workmates-Robertson and Rough suffered nervous shock. . 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. . 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. This was a case which involved a huge disaster in the Hillsborough football stadium[23]. 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. However, after couple of hours he received a phone call from someone and learnt that both his brothers got killed at the disaster. 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 . Updated: 01 November 2022; Ref: scu.80695. This . [17] As per Mr. Bankes, Atkin and Sargant L.JJ [1925] 1 K.B 141 at page 142. Eventually she died as a result of that injury. In this case, the court was concerned whether the claimants fall into the category of secondary victims and therefore entitled to bring an action against the defendants. 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. The court did not allow any damages to the claimant for her psychiatric injury. That was a very strong windy day when the tragic accident took place. No plagiarism, guaranteed! 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]. The court took the view that, none of the claimants were entitled to recover damages for psychiatric illness. Hearing about it from someone else would not suffice. Her claim was struck out, but restored on appeal. 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. 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. l'LCocI2Vp.0c This chapter considers the landmark decision in Alcock v Chief Constable of South Yorkshire Police [1992] 1 AC 310 concerning liability for psychiatric injury, or 'nervous shock'. [60]did not agree with the arguments put by the defendant but he agreed with the decision given by Salmon J. Although there was a big age difference between them but they had been working together for many years. 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. Cited Malcolm v Broadhurst QBD 1970 The principle of foreseeability of psychiatric injury is subject to the qualification that, where the psychiatric injury suffered by the plaintiff is consequential upon physical injury for which the defendant is responsible in law, the defendant . QB 335; [1995] 2 WLR 173; [1995] 1 All ER 833 , CA Entick v Carrington (1765) 2 Wils KB 275 Frost v Chief . His brother in law and his nephew also had been present in the football ground who was watching the live match from the terrace. Copyright 2003 - 2023 - LawTeacher is a trading name of Business Bliss Consultants FZE, a company registered in United Arab Emirates. .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. The winner - given the power to fire the next chief constable - will inevitably prevail on an anti-corruption ticket. 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. . Before making any decision, you must read the full case report and take professional advice as appropriate. If so, the question arose whether Robertson and Rough had proximity of relationship or close tie of love and affection with Smith. Frost v Chief Constable of Yorkshire Police [1997] 3 WLR 1194. Close ties of love and affection was assumed in relation to parent- child and spouse relationships. 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. There is indeed a sense of remoteness in this case. As a result, the claimant suffered from a nervous shock. 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. So, the law in this area seems to be very rigid and complicated for the secondary victims. Comparison of the Effect of Classical and Heavy Metal Music on Productivity and Mental Health. The present law in this area seems to be very rigid and restrictive for the secondary victims. [1953] 1 All ER 617 at page 621. 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. 12 Pages. (back to preceding text) I am compelled to say that I am unable to accept this suggestion because in my opinion (1) the proposal is contrary to well-established authority; (2) the proposed control mechanism would erect an artificial barrier against recovery . He became so upset with his personal life and as a result his marriage life was affected. Download Citation | Frost (or White) v Chief Constable of South Yorkshire Police [1999] 2 AC 455 | Essential Cases: Tort Law provides a bridge between course textbooks and key case judgments. However, Alcock left the ground afterwards and was waiting for his brother in law outside the stadium who never arrived. [12] Teff, H (1992) Liability for Psychiatric Illness after Hillsborough 12 Oxford Journal of Legal studies 440. 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. So, it was held by the court that the claimant was entitled to recover damages even though she suffered psychiatric illness through the fear of her childrens safety, not through the fear of her own physical injury or safety. We do not provide advice. Published: 21st Jan 2022. . Cited Hambrook v Stokes Brothers CA 1925 The defendants employee left a lorry at the top of a steep narrow street unattended, with the engine running and without having taken proper steps to secure it. Whether a person is to be regarded as a rescuer will be a question of fact to be decided on the . In the case of Brice v Brown[4], hysterical personality disorder was considered to be a psychiatric injury. Any information contained in this case summary does not constitute legal advice and should be treated as educational content only. Info: 3380 words (14 pages) Essay .Cited Barber v Somerset County Council HL 1-Apr-2004 A teacher sought damages from his employer after suffering a work related stress breakdown. White v Chief Constable of South Yorkshire. [1981] 1 All ER 809. As soon as she arrived to the hospital, she was informed that her youngest daughter was killed. Although, Rough was driving another van but he came across the accident. 34 [1996] 1 AC 155. The Second Defendant relies on the view of the majority of the House of Lords in White v Chief Constable of South Yorkshire [1999] 2 AC 455 (also known as Frost v Chief Constable of South Yorkshire) that, for a rescuer to be regarded as a primary victim, it must be shown that they were exposed to the risk of physical injury or reasonably . 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. Although the boy arrived home eventually but his mother suffered from a nervous shock[45]. The outcome of the Frost v Chief Constable Of South Yorkshire Police case, in which the House of Lords decided that the plaintiffs ( police officers) who, as a result of assisting the victims of the Hillsborough disaster ,which had been caused by negligence,( for which the Chief Constable was liable) , were not entitled to damages for nervous shock , either because their employment relationship gave rise to duties which were not owed to strangers, nor as rescuers , I feel gives credence to this statement by Lord Steyn . The Law Commission Report, Liability for Psychiatric Illnesses, McLaughlin v O Brian (1983) AC 410 310 AT 407. The House considered claims by police officers who had suffered psychiatric injury after tending the victims of the Hillsborough tragedy. 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. Evidence Law - Admissibility of Evidence Essays. The claim was rejected by the House of Lords on the basis that none of the claimants could be considered "primary . The law on recovery of damages for psychiatric illness is entirely based on common law. To export a reference to this article please select a referencing stye below: Mental Health relates to the emotional and psychological state that an individual is in. 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. . 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