Both of them used to go out for drink once a week. It appears in analysing this case that the House of Lords were conscious of the judgment made in the Alcock case. 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. The claimant appealed against the decision of the trial judge to the Court of Appeal. More news from across Yorkshire He drove her to the hospital where she saw her dead daughter, and her husband and two other children seriously injured, all still covered in oil and mud. At trial she was awarded damages for nervous shock. The claimant brought an action against the defendant for causing psychiatric injury to him. Although, according to the guidelines of television broadcasting, none of the television channels highlighted any scenes that relate to the dying or suffering of the spectators in that disaster[24]. 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. He further considered that, such a proximity relationship or close tie of love and affection might exist between the family members or friends. *You can also browse our support articles here >. Kearns J [2003] stated the category of relationships entitled to successfully claim damages for nervous shock should be tightly restricted.. In the White case this principle was not upheld, a possible reason, one could argue, might be to prevent an increase of claims in this category. [1999] 2 AC 455. Many of the claimants witnessed horrific images and scenes of carnage on the television . Free resources to assist you with your university studies! The secondary victims are required by the existing law to satisfy or establish additional criteria before they can bring a claim for psychiatric injury against the negligent defendant which has been discussed elaborately in the later chapters. 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. Therefore the claimants appeal was dismissed by the Court of Appeal. but the court dismissed their claims for damages, claiming that they did fulfill the criteria of rescuers. Regretted Page v Smith HL 12-May-1995 The plaintiff was driving his car when the defendant turned into his path. 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. 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. 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. Courts said the following elements are necessary to establish liability for nervous shock The plaintiff must establish that he suffered a recognizable psychiatric illness, the illness must have been shock induced; caused by the defendants act or omission. His widow claimed in nervous shock, saying that it had eventually led to his own death. The later case Hambrook v Stoke Bros, highlights a number of other issues relating to duty of care and further developed claims for nervous shock .In this case, damages were awarded even though the person suffering nervous shock did not witness the incident, but was close by, and the shock was suffered as a result of fear, not for her own safety, but that of her child. 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. The only prudent course is to treat the pragmatic categories as reflected in in authoritative decisions such as the Alcock case and Page v. Smith as settled for the time being, but by and large to leave any expansion or development in this corner of the law to Parliament. . [7] Again, Hoffman L.J in the case of Page v Smith[8] defined psychiatric illness as a mental trauma. [10] Kay Wheat (1998), Liability of psychiatric illness- the Law Commission Report Journal of Personal Injury Litigation. The father immediately started helping his son to release his trapped foot out. .Cited Paul and Another v The Royal Wolverhampton NHS Trust QBD 4-Jun-2020 Nervous shock liability to third parties The claimants witnessed the death of their father from a heart attack. [2000] 4 All ER 769 at page 770. So, the law in this area seems to be very rigid and complicated for the secondary victims. 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. Firstly the court held that despite the fact that the plaintiff was approximately two miles away from the incident and did not arrive at the hospital until one hour after the incident; the scene at the hospital (all victims were still covered in mud and oil) was such to render her proximate to the accident. It appears to have played an unjustifiably large part in the . 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 . Free resources to assist you with your legal studies! [1] Nicolas N (2002), A Remedy for Nervous Shock or Psychiatric Harm- Who Pays?-Volume 9, Number 4. Music background The class of potential claimants is restricted among the secondary victims, especially for those who have close relationships with the primary victims. 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. The relationship between the claimants and the deceased was described by the court as- Robertson was a person of fifty six years old who had known Smith for ages. The House of Lords, although divided in as to their reasoning, delivered a judgment in favour of the plaintiff. [60] As per Ormerod LJ [1964] 1 W.L.R CA 1317 at page 1320. The Law Commission Report, Liability for Psychiatric Illnesses, McLaughlin v O Brian (1983) AC 410 310 AT 407. However the crash did result in a recurrence of magic encephalomyelitis (Chronic fatigue syndrome) from which he had suffered for 20 years but was then in remission. The House considered claims by police officers who had suffered psychiatric injury after tending the victims of the Hillsborough tragedy. Page, was involved in a minor car accident, and was physically unhurt in the collision. 2 Alcock v Chief Constable of South Yorkshire Police [1992] 1 AC 310. *You can also browse our support articles here >. Unless and until there is clear evidence of having the close relationship or a close tie of love with the person (primary victims) who is injured or within the zone of danger, the court will not allow any claims for psychiatric injury brought by the secondary victims. The requirement of establishing proximity of relationship with the primary victims is one of the criteria. Held: Where an accident is of a particular . 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. stream 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. Before discussing the above cases, it is essential to give a brief outline of the term nervous shock and its history. Case Summary 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. 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. Hicks v Chief Constable of the South Yorkshire Police [1992] 2 All ER 65. not medically recognised condition: fear, it is a normal emotion; . 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. . You should not treat any information in this essay as being authoritative. hb```R !1CFAFCFAAA KP`L%T98;00`8A$B*oAjb 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 . 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. 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. 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. He was not a rescuer, and nor had . C brought an action in negligence (and/or breach of statutory duty) against their employer, the Chief Constable of South Yorkshire Police (D), for . Her claim was struck out, but restored on appeal. Frost v Chief Constable of South Yorkshire Police [1999] 2 AC 455 at 500. . The claimant appealed to the House of Lords against the decision given by McNair J. Singleton LJ. 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. They used to walk to and from their workplace quite frequently. Tel: 0795 457 9992, or email [email protected]. 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. .Cited James-Bowen and Others v Commissioner of Police of The Metropolis SC 25-Jul-2018 The Court was asked whether the Commissioner of Police of the Metropolis (the Commissioner) owes a duty to her officers, in the conduct of proceedings against her based on their alleged misconduct, to take reasonable care to protect them from . Precedent rules out this course and, in any event, there are cogent policy considerations against such a bold innovation. In a subsequent case, Packenham v Irish Ferries Limited this principle was upheld and damages were not awarded as there was no recognized psychiatric illness. [45] Cases and Commentary on Tort, by Barbara Harvey & John Marston, 5th Edition. 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