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

After a long examination of the case law by several of their Lordships, the three control (White (Frost) v Chief Constable of S Yorks, pp 500 and 511) The Clinical Negligence cases 1. The law on recovery of damages for psychiatric illness is entirely based on common law. Traditionally, the category of close relationship indicates the familial relationship, such as the relationship between the spouses, parents and children, brothers and sisters etc. Hicks v Chief Constable of the South Yorkshire Police [1992] 2 All ER 65. not medically recognised condition: fear, it is a normal emotion; . Packenham v Irish Ferries . 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]. [1952] 2 All ER 459 at page 460. However, after couple of hours he received a phone call from someone and learnt that both his brothers got killed at the disaster. This essay aims to provide a critical evaluation of the common law duty of care for negligently inflicted nervous shock in the context of the above statement by Lord Steyn. 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. The caimant was summoned by the hospital authority in order to see her injured family members. D h.d.CFPxe @0RI4 #Pm'Qc^FF" -P!P)Hljc6f.X{81,qxn;G#1t._!c 6jlw(9OAEiQ*Jr.JEW; v}qsF{-HE qx#>#erJ5$afH" :s8C1@( di4)bH'=8 pKzx2DjkZhh"lc+*`>p@>*& "$x After ariving to the garage, the claimant was asked by the defendant to repay the garage bills before he get his car released from that garage. [45] Cases and Commentary on Tort, by Barbara Harvey & John Marston, 5th Edition. Frost and Others v Chief Constable of South Yorkshire Police and Others (1996) The Times, 6 November, CA. Disclaimer: This work was produced by one of our expert legal writers, as a learning aid to help law students with their studies. . Since they were not endangered in the discharge of their service or in rescuing, as employees and/or rescuers, the police officers were only secondary victims. The requirement that the secondary victims must be physically present to the accident or its immediate aftermath was for the first time established by Lord Wilberforce in the case of Mcloughlin v O Brian[42] which subsequently had been approved by the House of Lords in the leading case of Alcock v Chief Constable of South Yorkshire[43]. 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. 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. The function of the defendants was to maintain and operate the bridge. << In relation to employer/employee relationship and duty of care the courts did not uphold the principles of the above cases. View examples of our professional work here. The Facts. Cited Alcock and Others v Chief Constable of South Yorkshire Police HL 28-Nov-1991 The plaintiffs sought damages for nervous shock. [36] As per Lord Hope [1995]S. C at page 364. The claimant must show that his / her injury was reasonably foreseeable, although Lord Wilberforce did state that foreseeability does not of itself automatically lead to a duty of care. Initially Lord Bridges viewpoint held but Lord Wilberforce argument gathered credence,as evident in the following case. Frost and Others v Chief Constable of South Yorkshire Police and Others (1996) The Times, 6 November, CA . The Plaintiff had a pre-existing chronic fatigue syndrome, which manifested itself from time . 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. [51] As per Singleton LJ. According to him, it is not necessary that such class of person, to whom the defendant owes liability, have to be spouse or parent and child. 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. At trial she was awarded damages for nervous shock. *You can also browse our support articles here >. There was a fear that it would be difficult for the courts to distinguish between a genuine claim and a fictitious claim, and also the fear that if one person recovered, this would in turn lead to a possible floodgate of claims. All work is written to order. In the case of Frost v Chief Constable of South Yorkshire Police [5], . Although the term has been replaced by psychiatric illness but it reflects the approach of the law in such cases[2]. There are a number of subsequent case examples where the English courts have adhered to the requirement of close tie of love and affection as established in the Alcock case. 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 . ]S+ dfEOP 5mr'%G-X5aD)N>M%X/sVXRGt-sVm]^ciARbDwfmB!%xDh \HKPjMQ7h{,jSZ In Alcock v Chief Constable of South Yorkshire (1992) 1 AC 310 the ordinary rules of negligence were applied to allegedly negligent crowd control by the police. But he further took the view that, there is no reported English case decision where it has been established that whether a defendant owes any duty of care towards the claimant for not causing him a psychiatric injury by self inflicted injuries. . The above judgment in White v The Chief Constable allowed the defendants' appeal against the 1997 Court of Appeal decision in Frost & Ors. The second solution is to abolish all the special limiting rules applicable to psychiatric harm. Held: The general rules restricting the recovery of damages for pure psychiatric harm applied to the plaintiffs claims as employees. This was not the situation prior to this case. 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. Hall v gwent healthcare nhs trust 2004 qb c hall was. The plaintiff worried excessively and developed reactive anxiety neurosis, a psychiatric illness. Her claim was struck out, but restored on appeal. 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. Looking for a flexible role? 12 0 obj Although the boy arrived home eventually but his mother suffered from a nervous shock[45]. hbbd```b`` (dWHI` L`5U e=d} & d"o L@v10?SM 4 Generally, the burden of proving such a close tie of love and affection lies with the person who wishes to establish a claim for psychiatric illness. As a result, the law in this area seems to be complex as well as inconsistent. He was a road worker instructed to attend by the defendant immediately after a terrible accident. The House of Lords ' Cases In any action for damages in the tort of negligence, the plaintiff has to Free resources to assist you with your university studies! Music has historically been a key player in society and personal life. [20] Michaell A Jones, Liability for Psychiatric Illness More Principle, Less Subtlety? [1995] 4 Web JCLI. Music background [1964] 1 W.L.R CA 1317 at page 1317. In this instance, mental illness was accompanied by a physical trauma i.e. Subsequently, breaking news in relation to the disaster was broadcasted over the television as well as radio time to time. Take a look at some weird laws from around the world! Lists of cited by and citing cases may be incomplete. 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. 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. The court differentiated damage by fire from other types of physical damage to property for the purposes of liability in tort, saying We have come back to the plain . Held: If a police officer owes a duty of care to . 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 . /Filter /LZWDecode (now Lord Justice Waller) and the majority in the Court of Appeal erred in reversing him: Frost v. Chief Constable of South Yorkshire Police [1997] 3 W.L.R. We've received widespread press coverage since 2003, Your UKDiss.com purchase is secure and we're rated 4.4/5 on Reviews.io. 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 this period in society there was a view that people of strong moral character did not succumb to their emotions. 182 0 obj <>/Filter/FlateDecode/ID[<86982BFA68EE9E4388F223A8853489C3><2512F63CFFE58F428782346685734F90>]/Index[164 60]/Info 163 0 R/Length 98/Prev 536609/Root 165 0 R/Size 224/Type/XRef/W[1 3 1]>>stream 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. Mental Health of Adolescent and Young Adult Cancer Survivors. This case document summarizes the facts and decision in Frost (or White) v Chief Constable of South Yorkshire Police [1999] 2 AC 455. Page 1317 her injured family members chronic fatigue syndrome, which manifested itself from.! 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