The courts both in England and Ireland have endeavoured to limit the scope of liability for psychiatric illness, by establishing a set of criteria that a claimant/s must fulfil in order to be entitled to compensation. Lord Wilberforce argued that it was necessary to develop further criteria including strict proximity in time, a close relationship, direct means of communication (personal witness). Any opinions, findings, conclusions, or recommendations expressed in this material are those of the authors and do not reflect the views of LawTeacher.net. But, when a bystander of a horrible event suffers from psychiatric injury, it becomes very difficult for him or her to establish a claim and recover damages for psychiatric injury, since such a person is not closely connected to the injured person. Although the boy arrived home eventually but his mother suffered from a nervous shock[45]. .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. We and our partners share information on your use of this website to help improve your experience. Lord Goff said: because shock in its nature is capable of affecting so wide a range of people, there is a real need for the law to place some limitation upon the extent of admissible claims. 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 . Eventually, at about midnight, having gone to the mortuary he managed to identify the bruising dead body of his brother in law. The most recent of which was Frost v The Chief Constable of South Yorkshire which resulted from the Hillsborough tragedy. Although the term has been replaced by psychiatric illness but it reflects the approach of the law in such cases[2]. Abstract. The new chief constable of South Yorkshire Police has shared her "incredible pride" at leading the force. L auren Poultney has been confirmed as the next Chief Constable of South Yorkshire Police by the South Yorkshire Police and Crime Commissioner, Dr Alan Billings following approval of the appointment by the South Yorkshire Police and Crime Panel at a meeting in Barnsley today (Friday 11 June 2021).. Ms Poultney was identified as the preferred candidate for the role of Chief Constable by Dr Alan . Marital or parental relationship between plaintiff and . He brought an action for negligently inflicted psychiatric illness against the defendants. 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. Cited - Alcock and Others v Chief Constable of South Yorkshire Police HL 28-Nov-1991. 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. .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. Held: The general rules restricting the recovery of damages for pure psychiatric harm applied to the plaintiffs claims as employees. In the Irish context, a different policy approach has been adopted and it appears to be more difficult to recover damages in relation to nervous shock , the strict criteria which have been laid down clearly demonstrate this viewpoint. (White (Frost) v Chief Constable of S Yorks, pp 500 and 511) The Clinical Negligence cases 1. Again this development of the proximity of relationship in this case seems quite unfair to some of the claimants who were seeking compensation as they would not have been aware previously of this .The principle of proximity of time and place was also applied in this case, where a claimant failed to recover. In order for the claimant to successfully recover compensation the court needs to consider an amalgam of rules and exceptions as . [51] As per Singleton LJ. 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. According to him, in all the psychiatric injury cases, a distinction or classification of the potential claimants is essential. Although, Rough was driving another van but he came across the accident. 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. This time the ground for appeal was whether the defendants could have reasonably foreseen the psychiatric illness suffered by the claimants or secondary victims. The claim was rejected by the House of Lords on the basis that none of the claimants could be considered "primary . No damages for Psychiatric Harm Alone. They took the big metal sheet off the bridge and subsequently put that in a pick up van. Decent Essays. Page, was involved in a minor car accident, and was physically unhurt in the collision. Prior to this, the initial response of the common law to claims relating to nervous shock, was to deny responsibility. Rough was also driving another van from a few feet behind the Robersons van. She was admitted to the hospital and when operated a dead foetus was removed. The facts of this case are, on the 19th October 1973, a friend came to the claimants house to tell her of a serious accident involving her husband and three children, two hours after it had occurred. [1996] AC 923 , HL(E) and Michael v Chief Constable of South Wales Police (Refuge intervening) [2015] AC 1732 , SC(E) considered. 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. 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. That was a very strong windy day when the tragic accident took place. So, however, in the light of the above case decisions it has been obvious that the secondary victim must establish proximity of relationship or close tie of love and affection in order to establish a claim for psychiatric illness. 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]. The lorry ran violently down the hill. On August 18, 1955, the defendant, namely Mr. Sanderson went to the garage along with the claimant and his son for the purpose of collecting his car as they had decided to go out for holiday. As a result of the tragic death of his workmate he was so upset and mentally distressed. . 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. This principle was later applied in Alcock v Chief Constable of South Yorkshire Police. .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. Close ties of love and affection was assumed in relation to parent- child and spouse relationships. 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. He suffered a mental breakdown in 1986, and had four months off work. The defenadant appealed against the decision of Salmon J. *You can also browse our support articles here >. Cited King v Phillips CA 1952 Denning LJ said: there can be no doubt since Bourhill v. Young that the test of liability for shock is foreseeability of injury by shock. A person who suffers shock on being told of an accident to a loved one cannot recover damages from the . 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. . Top Tier Firm Rankings. He was not a rescuer, and nor had . [23] Davie M (1992) Negligently Inflicted Psychiatric Illness: The Hillsborough Case in the House of Lords 43 Northern Ireland Legal Quarterly 237. He claimed damages from the respondent for contributory negligence of other officers in failing to come to his assistance. As a result of the negligence of the police department, ninety six spectators died in a massive crash and more than approximately four hundred spectators were severely injured in that accident. So, finally it was held by the majority of the Court of Appeal that the defendant owed no duty of care to the claimant even though her psychiatric injury was reasonably foreseeable. miscarriage. Frost and Others v Chief Constable of South Yorkshire Police and Others (1996) The Times, 6 November, CA . Only full case reports are accepted in court. [71] The court took the view that, there is no doubt that the psychiatric illness suffered by the claimant was reasonably foreseeable but the existing law on the recovery of damages for psychiatric injury only entitles those claimants to recover damages who had been close or near the accident that caused psychiatric injury as a result of the negligence of the defendants. His brother in law and his nephew also had been present in the football ground who was watching the live match from the terrace. Any opinions, findings, conclusions, or recommendations expressed in this dissertation are those of the authors and do not necessarily reflect the views of UKDiss.com. The House of Lords (by a majority) in Page v Smith, enhanced the recovery of the primary victim over the secondary victim. The claimant brought an action against the defendant for causing psychiatric injury to him. Nor is any duty of care owed to a rescuer lacking ordinary courage. The class of potential claimants is restricted among the secondary victims, especially for those who have close relationships with the primary victims. . 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. Both cars suffered considerable damage but the drivers escaped physical injury. . During this period in society there was a view that people of strong moral character did not succumb to their emotions. In this case, the British High Court ruled that a plaintiff, a bar maid, could recover damages for nervous shock even though no actual impact was involved in the accident. However, subsequently Lord Lloyd in the case of Page v Smith[13]further emphasized upon the distinction between the primary and secondary victims. Positive/Neutral Judicial Consideration . QB 335; [1995] 2 WLR 173; [1995] 1 All ER 833 , CA Entick v Carrington (1765) 2 Wils KB 275 Frost v Chief . The case for such a course has been argued by Professor Stapleton. [1999] 2 AC 455. Due to the accident, the claimants husband suffered from bruising and the other children suffered from severe physical injuries and shock. .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. 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. Hopes had been pinned on the decision of the House of Lords in Frost v Chief Constable of South Yorkshire Police [1998] 3 WLR 1509, but by and large Frost is a disap- pointment. The secondary victims must be close to the accident both in terms of time and place. CJ Keane criticized the logic of distinguishing between psychiatric illnesses resulting from a traumatic event as opposed to suffering grief in its aftermath. In the case of Benson v Lee[62], the claimant was informed that her son had an accident and sustained injuries. 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. Any opinions, findings, conclusions, or recommendations expressed in this material are those of the authors and do not reflect the views of LawTeacher.net. He was a road worker instructed to attend by the defendant immediately after a terrible accident. They used to walk to and from their workplace quite frequently. Pages 14 Course Hero uses AI to attempt to automatically extract content from documents to surface to you and others so you can study better, e.g., in search results, to enrich docs, and more. The case of White and Others v Chief Constable of South Yorkshire (1998) QB 254 elicited need for necessary distinctions between physical injury and nervous shock and has had an impact on nervous shock claims by bringing other policy considerations into play, for example the Criminal Injuries Compensation Scheme and the Criminal Justice Act of . He became so upset with his personal life and as a result his marriage life was affected. 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. reversed Court of Appeal decision in Frost v Chief Constable of South Yorkshire [1997] 1 All ER 540, which found Ps were primary victims as rescuers; Eventually she died as a result of that injury. In this case, the claimant-namely Mr. McCarthy also lost his half brother in the Hillsborough disaster. [55] As per Denning LJ [1953] 1 All ER 617 at page 625. . Lord Bridge in McLoughlin v OBrian required that a plaintiff must not merely suffer grief, distress or any other normal emotion, but a positive psychiatric illness. The Plaintiff had a pre-existing chronic fatigue syndrome, which manifested itself from time . The defendants resisted saying that the injury alleged, the development of pleural plaques, was yet insufficient as damage to found a claim. (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. Fletcher v Commissioners for Public Works [2003] 2 I.L.R.M.94. 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. He further considered that, such a proximity relationship or close tie of love and affection might exist between the family members or friends. A possible suggestion for not allowing compensation in this instance may be directly related to a fear of a floodgate of claims if some claimants were successful. His employers had refused to provide the increased support he requested. The presence of such plaques were symptomless, and would not themselves cause other asbestos related disease, but . Then she went to see another child and found him unconscious. . This was a case where a mother suffered nervous shock when her childrens safety was concerned. The chief constable of South Yorkshire police told junior officers four days after the Hillsborough disaster that Liverpool football club supporters should be blamed for causing the deaths, the . 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. The second issue was- whether the defendant owes a duty of care to the claimant not to inflict any kind of physical injury or harm to himself. [51] took the view that, if the two cases of Hambrook v Stokes Bros[52] and In re Polemis and Furness, withy & Co. Ltd[53]on which the claimant relied on are considered then the there is every possibility that the decision goes in favour of the claimant. . hYn86 ,tV!%TvIrD9f%E0jBA%r`$)8 Tel: 0795 457 9992, or email david@swarb.co.uk. [7] Nervous Shock-when is it compensable? 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. See para 1.5 n 14 below. . [50] As per McNair J. Cazalet J. agreed with the claimant that he meets all the recovery criteria that govern a claim for psychiatric injury sustained by him. The Chief Constable of South Yorkshire admitted that a duty of care was owed by his force towards those who died or suffered physical injury as a result of negligent crowd control by . In the case of bystanders, it is not generally foreseeable by the defendants that such a person would suffer from psychiatric injury. 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