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}+,CPkkHYUTVJ_6YGw.=t]C8yjb[(B~*bhO]ijp+2C+asL!!\Bx*V'G/8W-d8y~M=_T\$eZA Essays, case summaries, problem questions and dissertations here are relevant to law students from the United Kingdom and Great Britain, as well as students wishing to learn more about the UK legal system from overseas. Cited Best v Samuel Fox and Co Ltd 1952 The court considered liability for injury to secondary victims. Positive/Neutral Judicial Consideration . Generally, primary victims do not face too many hurdles in order to establish a claim as long as certain tests are satisfied. This took place while Robertson was driving the van on a carriageway which was high above the water. Sir Cliff Richard OBE V The British Broadcasting Corporation; The Chief Constable Of South Yorkshire Police [2018] EWHC 1837 (Ch) Summary. Held: The general rules restricting the recovery of damages for pure psychiatric harm applied to the . The unsuccessful claimants made a cross appeal to the Court of Appeal against the judges decision whereby the defendants also appealed against the ten successful claimants. [1981] 1 All ER 809. The children had severe head and face injuries, concussion and fractures. 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. 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. They brought an action against their employer for negligently causing psychiatric illness to them. [7] Again, Hoffman L.J in the case of Page v Smith[8] defined psychiatric illness as a mental trauma. [63] Tort Law; Text, Cases and Materials by Jenny Steele 2007. [2000] 4 All ER 769 at page 770. It was agreed between the parties that the only issue was whether they could satisfy the criterion of . She suffered serious nervous shock as a result and sued the defendant who was responsible for the accident. Subsequently, breaking news in relation to the disaster was broadcasted over the television as well as radio time to time. Cazalet J. agreed with the claimant that he meets all the recovery criteria that govern a claim for psychiatric injury sustained by him. The distinction between primary victim and secondary victim was made in the Alcock v Chief Constable of South Yorkshire Police, where all claimants were secondary victims. 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. 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. 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]. So, it is the secondary victims who are required to prove the fact that he has sustained a psychiatric injury because the person with whom he is in a close relationship has in fact suffered from a severe physical injury. The House of Lords ' Cases In any action for damages in the tort of negligence, the plaintiff has to Among all the claimants, thirteen people lost either their relatives or friends because of death. [69] As per Stephenson LJ [1981] 1 All ER 809 at page 823. View history. It was not reasonably foreseeable by the defendant that the claimant would suffer any kind of mental damage in such a way. Lord Morton of Henryton: it has never been the law of England that an invitor, who has negligently but unintentionally injured an invitee, is liable to compensate other persons who . Capacity plays a vital role in determining whether a person can exercise autonomy in making choices in all aspects of life, from simple decisions to far-reaching decisions such as Our academic writing and marking services can help you! 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 . You should not treat any information in this essay as being authoritative. He had returned to work, but again, did . [65] Cases and Commentary on Tort, by Barbara Harvey & John Marston, 5th Edition. 12 White v Chief Constable of South Yorkshire Police ibid. It was admitted by the defendants that the accident took place due to their negligence. The most commonly medically recognised illness of this type is Post Traumatic Stress Disorder (PTSD). They could only recover if they were exposed to physical danger as primary victims. [39] that- the defendant did not owe any duty of care towards the claimant for not causing a psychiatric injury by self inflicted physical injuries. ]S+
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qx#>#erJ5$afH" :s8C1@( di4)bH'=8 pKzx2DjkZhh"lc+*`>p@>*& "$x [55] As per Denning LJ [1953] 1 All ER 617 at page 625. The Court of Appeal held that no claim could be brought by a secondary victim for psychiatric injury caused by a separate horrific event removed in time from the original negligence, accident or first horrific event. So, therefore, a secondary victim is someone who suffers from psychiatric illness through the fear of other persons safety or injury. Three were on duty at the ground itself; one had attempted to free spectators while the other two had attended the makeshift morgue in the gymnasium. 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. .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. But the fact of the present case must be considered in accordance with the decision of Bourhill v Young[54] where the House of Lords provided the test-if the defendant have reasonably foreseen any damage to the claimant then he owes a duty of care and liable for negligently causing personal damage. 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]. Although the term has been replaced by psychiatric illness but it reflects the approach of the law in such cases[2]. White v Chief Constable of South Yorkshire [1999] 2 AC 455 All of the claimants were police officers who had been on duty the day of the Hillsborough Stadium Disaster. To export a reference to this article please select a referencing stye below: UK law covers the laws and legislation of England, Wales, Northern Ireland and Scotland. Finally, after a careful consideration of all the issues, it was held by Cazalet J. However, an action was brought by the mother for psychiatric injury against the defendant. About after two hours she was informed by a neighbour of the road accident in which her family members were involved. N>7>@s!z9@-w9Hy^O1? M:fXxKGkYqLfX A Ai>|N_*HbOsu.7B ovRl-#GQcLXH`{70l191X?@j`P02:vKX @9E. ( as what happened in this particular case ) . According to him, the existing law of negligence in relation to psychiatric illness generally recognizes a claim brought by the people who are in a close relationship with the primary victims, but reluctant to allow any claims by the bystanders. hbbd```b`` (dWHI`
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Moreover, a rescuer in relation to whom physical injury was not reasonably foreseeable could not recover damages for psychiatric injury sustained by witnessing, or participating in the aftermath of, an accident which had caused death or injury to others; such rescuers were to be categorised as secondary victims, and so would have to meet the conditions specified by Lord Oliver in Alcock. Interestingly, it was also stated the purpose of the visit was to identify the body and not to aid the injured or rescue victims as in other compensation cases. The document also included supporting commentary from author Craig Purshouse. In the present case, the claimants family members including her husband and three children had a severe road accident. When faced with these two decisions, one can't help but recall the comment of Lord Steyn in Frost v Chief Constable of South Yorkshire [1992] 2 AC 455 (at 511), who considered that "the search for principle was called off in Alcock". A rescuer or an employee suffering such psychiatric illness is also classified as a secondary victim (unless they are themselves endangered in the event). 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 . 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 . The outcome of this case is particularly note worthy. Whether a person is to be regarded as a rescuer will be a question of fact to be decided on the . But, according to the facts of the present case, the defendant had the knowledge that the claimant was not far away from the place of the accident, so therefore it was reasonably forseeable by the defendant that the father would be shocked after witnessing the accident in which his little son was involved. 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 . Kearns J [2003] stated the category of relationships entitled to successfully claim damages for nervous shock should be tightly restricted.. In Alcock v. Chief Constable of South Yorkshire Police [1992] 1 A.C. 310, claims were brought by those who had suffered psychiatric injury as a result of the Hillsborough disaster. According to Lord Ackner[28], if the secondary victim is a distant relative then the only way he can establish a claim is by means of showing a very close or intimate relationship with the primary victims which can be compared with the normal relationship between spouses or parent and children. Page -v- Smith [1995] 2 All ER 736 at 759, 761 per Lord Lloyd. But that would be contrary to precedent and, in any event, highly controversial. The requirement of immediate aftermath principle was firmly established in the case of Mcloughlin v O Brian[67]. The plaintiff must show that the defendant owed duty of care not to cause the reasonably foreseeable nervous shock. 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. [29] As per Lord Oliver [1992] 1 AC 310 at page 417. . . The House considered claims by police officers who had suffered psychiatric injury after tending the victims of the Hillsborough tragedy. The defendant admitted that he had been negligent, but said he was not liable for the psychiatric damage as it was unforeseeable and therefore not recoverable as a head of damage .The Page v Smith case is significant in that it enhanced the distinction between primary and secondary victims. As a result, the law in this area seems to be complex as well as inconsistent. denitions given by Lord Oliver in Alcock v Chief Constable of the South Yorkshire Police[1992] are sufcient for present purposes: a primary victim is someone 'who is involved either mediately or immediately as a participant in an accident' a secondary victim is someone who is 'no more than a passive and unwilling witness of an 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]. Subsequently, she learnt from a bystander that one of her children have sustained injury by that running motor lorry. Hearing about it from someone else would not suffice. 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. hYn86 ,tV!%TvIrD9f%E0jBA%r`$)8 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. Essays, case summaries, problem questions and dissertations here are relevant to law students from the United Kingdom and Great Britain, as well as students wishing to learn more about the UK legal system from overseas. Frost and Others v Chief Constable of South Yorkshire Police and Others (1996) The Times, 6 November, CA. 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. The court did not allow any damages to the claimant for her psychiatric injury. You would be correct that rescuers are generally an excluded category of primary victim, as seen in cases like White v CC of South Yorkshire Police (if family cannot claim, rescuers should not be allowed to) . The Court of Appeal in Frost v Chief Constable of Yorkshire Police [1997] 3 WLR 1194 (by a majority) had held that the police officers who were allowed to recover for their psychiatric illness as a result of carrying out their professional duties as rescuers and/or employees at the disastrous Hillsborough football stadium stampede were classifiable as primary victims. 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. [71] As per Cumming Bruce LJ. 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. 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. 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. Evidence Law - Admissibility of Evidence Essays. Programme for stress management. A large tower was constructed in the Docklands area of East London which now goes by the name of One Canada Square Capacity and Medical Consent. This case also relates to the Hillsborough disaster. The plaintiff, Mr Smith was deemed to be a primary victim, since he was involved in the accident and risked personal injury. 0
.Cited McLoughlin v Jones; McLoughlin v Grovers (a Firm) CA 2002 In deciding whether a duty of care is established the court must go to the battery of tests which the House of Lords has taught us to use, namely: . Music has historically been a key player in society and personal life. 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. 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. If you are the original writer of this essay and no longer wish to have your work published on LawTeacher.net then please: Our academic writing and marking services can help you! A person will be considered as secondary victim if he was present at the scene of the horrifying event and subsequently sustained a psychiatric injury due to witnessing the accident or event in which other person was involved, although he himself was out of the range of foreseeable physical injury[10]. 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. %PDF-1.2
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