There is indeed a sense of remoteness in this case. .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. Judgement for the case White v Chief Constable of South Yorkshire. White v Chief Constable of the Yorkshire Police [1998] 3 WLR 1509. The caimant was summoned by the hospital authority in order to see her injured family members. View examples of our professional work here. hbbd```b`` (dWHI` L`5U e=d} & d"o L@v10?SM 4 The boy sustained a very minor injury and the damage to his tricycle was nothing serious. 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. . The judge found in favour of ten out of the plaintiffs and against six of them. In-house law team, White and Others v Chief Constable of the South Yorkshire Police [1999] 2 AC 455, NEGLIGENCE PSYCHIATRIC DAMAGE LIABILITY TO RESCUERS DISTINCTION BETWEEN PRIMARY AND SECONDARY VICTIMS. [34] Cases and Commentary on Tort, by Barbara Harvey & John Marston, 5th Edition. In those cases the court still allowed the claimants to establish a claim and recover damages for psychiatric injury notwithstanding the fact that the secondary victims were not actually present at the scene of the accident. Before discussing the above cases, it is essential to give a brief outline of the term nervous shock and its history. 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! 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. Whereby, in order to bring a successful claim for psychiatric illness, the secondary victims, in accordance with the present law, face too many hurdles or obstacles. The courts in a number of cases have attempted to define the psychiatric illness. Top Tier Firm Rankings. The document also included supporting commentary from author Craig Purshouse. So, therefore, a secondary victim is someone who suffers from psychiatric illness through the fear of other persons safety or injury. The requirement of establishing proximity of relationship with the primary victims is one of the criteria. Consequently, actions brought by the potential claimants or the victims of psychiatric illness have often been unsuccessful for a number of reasons despite of having been suffered genuine recognized psychiatric injury[1]. 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. Music background 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. [9] NJ Mullany, Psychiatric damage in the House of Lords- Fourth time Unlucky: Page v Smith (1995) 3 Journal of Law and Medicine 112. The issue of communication by television was raised but not adequately dealt with. That appears to be the course advocated by Mullany and Handford, Tort Liability for Psychiatric Damage. Published: 2nd Jul 2019. 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 . There was no doubt that each claimant had a nervous shock from the horrible disaster which caused psychiatric illness to them, but the question arose whether they were entitled to establish a claim and recover damages for psychiatric illness. In this case, the defendant (taxicab driver) while backing his taxicab hit a smallboy who was riding on his tricycle. 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. [1999] 2 AC 455. 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. 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. However, Mr. Bankes, Atkin and Sargant L.JJ. Firstly, it fell to be determined whether an employer owed a duty of care to protect their employees from psychiatric injuries they may incur in the course of their employment. In the present case, despite of being present at the stadium during the football match the claimants whose action had been rejected by the House of Lords are as follows[25]: Brian Harrison was one of the appellants. In Kelly v Hennessy [1995] 3IR.253 CJ Hamilton laid down criteria, which have become the standard test for nervous shock. Although, there was a rebuttable presumption that, in some cases, the close tie of love may exist between the engaged couples which might be even stronger than that of the married couples. stream In order to support this argument, the claimant relied on the decision of the case in In re Polemis and Furness, withy & Co. Ltd[47]. .Cited Barber v Somerset County Council HL 1-Apr-2004 A teacher sought damages from his employer after suffering a work related stress breakdown. In this case, the claimant-namely Mr. McCarthy also lost his half brother in the Hillsborough disaster. Another appellant, namely Mr. Robert Alcock, was present in the stadium and lost his brother in law but still failed in his action as it was not reasonably foreseeable by the defendants that he would suffer psychiatric illness. Television signal, actionable nuisance, property right requirement for claimants. Held: Psychiatric injury is a recognised form of personal injury, and no statute . where the rescuer may not have been in physical danger but was awarded damages due to his putting himself in the 'zone of danger', after the event. [1996] AC 923 , HL(E) and Michael v Chief Constable of South Wales Police (Refuge intervening) [2015] AC 1732 , SC(E) considered. Updated: 01 November 2022; Ref: scu.80695. 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. They were police officers who had been subject to unsuccessful proceedings following a shooting of a member of the public by their force. 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]. Do you have a 2:1 degree or higher? As a result of the tragic death of his workmate he was so upset and mentally distressed. [60] As per Ormerod LJ [1964] 1 W.L.R CA 1317 at page 1320. Disclaimer: This essay has been written by a law student and not by our expert law writers. ]S+ dfEOP 5mr'%G-X5aD)N>M%X/sVXRGt-sVm]^ciARbDwfmB!%xDh \HKPjMQ7h{,jSZ He became so upset with his personal life and as a result his marriage life was affected. This time the ground for appeal was whether the defendants could have reasonably foreseen the psychiatric illness suffered by the claimants or secondary victims. .Cited Mullaney v Chief Constable of West Midlands Police CA 15-May-2001 The claimant police officer was severely injured making an arrest. Filters. Prior to the Page v Smith case it was assumed that reasonable foreseeability of psychiatric illness was required in all cases of negligently inflicted psychiatric illness and that all such plaintiffs must be persons of normal disposition.. Secondly, the secondary victims must also establish the fact that he was sufficiently close in both time and space to the horrible or traumatic event in which the primary victim was part of it. Ninety six Liverpool fans were killed and many more seriously injured in a massive crush during the FA Cup Semi Final at Hillsborough Stadium in Sheffield . Held: The general rules restricting the recovery of damages for pure psychiatric harm applied to the . Appeal from - White, Frost and others v Chief Constable of South Yorkshire and others HL 3-Dec-1998. Page -v- Smith [1995] 2 All ER 736 at 759, 761 per Lord Lloyd. . Cited Overseas Tankship (UK) Ltd v Morts Dock and Engineering Co Ltd (The Wagon Mound No 1) PC 18-Jan-1961 Foreseeability Standard to Establish NegligenceComplaint was made that oil had been discharged into Sydney Harbour causing damage. %PDF-1.5 % About after two hours she was informed by a neighbour of the road accident in which her family members were involved. The Categorisation of Primary and Secondary Victims A. . 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. 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. This case document summarizes the facts and decision in Frost (or White) v Chief Constable of South Yorkshire Police [1999] 2 AC 455. At trial she was awarded damages for nervous shock. [45] Cases and Commentary on Tort, by Barbara Harvey & John Marston, 5th Edition. [66] Michaell A Jones, Liability for Psychiatric Illness More Principle, Less Subtlety? [1995] 4 Web JCLI. Moreover, it cannot be expected that the defendants will compensate the whole world at large. 12 Pages. %%EOF In this case, Lord Oliver[29] took the view that-Brian Harrison, one of the appellants, lost his two brothers but still failed in his action in spite of his presence in the stadium, because he produced no evidence of close tie of love with his two brothers. He continued that, the claimants nervous shock was too remote as a head of damage. Any opinions, findings, conclusions, or recommendations expressed in this material are those of the authors and do not reflect the views of LawTeacher.net. [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. Again, there was neither any duty of care towards the claimant not to inflict any kind of physical injury or harm to himself nor there was any duty to the claimant not to cause him psychiatric injury by means of exposing him to the sight of the defendants self-inflicted injuries[40]. The above judgment in White v The Chief Constable allowed the defendants' appeal against the 1997 Court of Appeal decision in Frost & Ors. However, unlike the Alcock case, it was the case of McCarthy v Chief Constable of South Yorkshire Police[33]where the claimant (secondary victims) was successful in bringing an action for psychiatric illness against the defendants (Chief Constable of South Yorkshire Police). 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 defendant company had a policy for achieving responsible gambling, . It was argued that the defendants had failed to take adequate precautions to protect the plaintiff. IMPORTANT:This site reports and summarizes cases. The Law Commission Report, Liability for Psychiatric Illnesses, McLaughlin v O Brian (1983) AC 410 310 AT 407. Baker v Bolton [1808] EWHC KB J92. His widow claimed in nervous shock, saying that it had eventually led to his own death. It appears to have played an unjustifiably large part in the . The issue before the court was whether any person is entitled to establish a claim for psychiatric illness which has been sustained through the fear or apprehension of physical injury to others. Such a relationship which is full of close tie and affection may be presumed to exist into the familial relationship or close friendship. Mental Health can have a positive or negative impact on our behaviour, decision-making, and actions, as well as our general health and well-being. The first is to wipe out recovery in tort for pure psychiatric injury. 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. . Fletcher v Commissioners for Public Works [2003] 2 I.L.R.M.94. Open Document. [69] As per Stephenson LJ [1981] 1 All ER 809 at page 823. 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. Evidence Law - Admissibility of Evidence Essays. HL dismissed their claims since they were suffering extreme grief, not a psychiatric illness. Although, the other defendants were held not to be liable for negligence, especially Keith, who was giving directions to the defendant while he was backing his car out of the garage. 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. Keywords: rescue; compensation for hillsborough rescuers. The most commonly medically recognised illness of this type is Post Traumatic Stress Disorder (PTSD). The court held that the defendant was liable for negligence and allowed the claimant to recover damages for psychaitric illness as the mental injury to the claimant was reasonably foreseeable by the defendant[65]. Hamrook v Stokes Bros (1925) 1 K.B. His Lordship further continued that, the present case is distinguishable from the case of King v Phillips[61]. 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 . The law has imposed lots of requirements for the secondary victims before they can successfully make a psychiatric injury claim. Cited Alcock and Others v Chief Constable of South Yorkshire Police HL 28-Nov-1991 The plaintiffs sought damages for nervous shock. The preliminary issue before the court was whether the existing law allows the claimants to bring an action for recovery of damages against the defendants or not. During this period in society there was a view that people of strong moral character did not succumb to their emotions. The court took the view that, none of the claimants were entitled to recover damages for psychiatric illness. 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. v The Chief Constable Of South Yorkshire Police ( [1997]1 All E R.540), their Lordships holding by a majority of 3 to 2 that the claims of the police officers had been rightly dismissed by the trial judge . 223 0 obj <>stream Held: . Personal Injury, Police, Damages, Negligence, Updated: 11 November 2021; Ref: scu.158976. The plaintiffs wife had been walking up the . However, in this case, Lord Hope[36] adopted the explanation given by Lord Oliver in Alcock and held that, since there was no sufficient close tie of love between the claimants and the deceased, so therefore the claimants were not entitled to establish a successful claim for psychiatric illness. . 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. Others failed the close ties of love and affection . So, in this situation- Singleton LJ. The defenadant appealed against the decision of Salmon J. Having heard the boys scream the claimant rushed there and saw the accident which caused psychiatric injury to him. In the case of bystanders, it is not generally foreseeable by the defendants that such a person would suffer from psychiatric injury. In my view the only sensible general strategy for the courts is to say thus far and no further. The injuries were psychiatric, being suffered when they witnessed a crash from the ground. The second solution is to abolish all the special limiting rules applicable to psychiatric harm. According to him, the primary victims are the category of victims who mediately or immediately was involved into the accident and the secondary victims are those who passively and unwillingly witnessed the event that involved the injury of others and subsequently sustained psychiatric illness[12]. [1] Nicolas N (2002), A Remedy for Nervous Shock or Psychiatric Harm- Who Pays?-Volume 9, Number 4. The claimant appealed to the House of Lords against the decision given by McNair J. Singleton LJ. The case of Alcock v Chief Constable of South Yorkshire[22]is the best example which provided the criteria for recovery of psychiatric injury claims by the secondary victims. foreseeability of psychiatric shock needed to be considered. Both of them used to go out for drink once a week. The Court of Appeal upheld the judgement that was delivered by Boreham J but on different ground. Alcock v Chief Constable of South Yorkshire Police [1992] 1 AC 310. Eventually, his doctor prescribed him to take anti-depressant drugs. % The employer could have checked up on him during his . [31] As per Lord Oliver [1992] 1 AC 310 at page 415-416. II. Alcock v Chief Constable of South Yorkshire Police [1991] UKHL 5, [1992] 1 AC 310 is a leading English tort law case on liability for nervous shock (psychiatric injury). Although there was a big age difference between them but they had been working together for many years. Study with Quizlet and memorize flashcards containing terms like Define primary victim, Define secondary victim, What was the initial definition of psychiatric damage and more. Decent Essays. He argued that, in Bourhills case, the fishwife was not entitled to recover damages for psychiatric illness since she did not see the actual accident at the time it took place but only saw the outcome of it afterwards. [50] stated that the present case is not a margianl one. 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. [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. .Cited Rothwell v Chemical and Insulating Co Ltd and Another CA 26-Jan-2006 Each claimant sought damages after being exposed to asbestos dust. He successfully adduced evidence that there was a very close and intimate relationship between him and his half brothers[34]. 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. 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 was told however that the risk was very remote. Case Summary 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. 34 [1996] 1 AC 155. However, the defendants appeal was allowed by the Court of Appeal and on the other hand it did not allow the unsuccessful claimants appeal. endstream endobj startxref Over the years as claims have increased, while it is arguable, for a need for criteria to be developed , to prevent a floodgate of claims , one has to feel that some of the decisions , particularly in relation to cases such as Alcock v Chief Constable of South Yorkshire Police , appear to be particularly harsh , in respect of the claimants. An employer has a duty to protect his employees from physical but not psychiatric harm unless there was also a physical injury. However, the decision in the case of Dooley V Cammen Laird preserved the distinction between primary and secondary victim. The House considered claims by police officers who had suffered psychiatric injury after tending the victims of the Hillsborough tragedy. 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". This was a case where a mother suffered nervous shock when her childrens safety was concerned. No issues of. There are a number of subsequent cases which might be contrasted with the decision given in the case of King v Philips. 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. .Considered Campbell v North Lanarkshire Council and Scottish Power Plc SCS 30-Jun-1999 . << In the case of Brice v Brown[4], hysterical personality disorder was considered to be a psychiatric injury. The requirement of immediate aftermath principle was firmly established in the case of Mcloughlin v O Brian[67]. He suffered a mental breakdown in 1986, and had four months off work. This was a test case . Close ties of love and affection was assumed in relation to parent- child and spouse relationships. 2 claims. %PDF-1.2 In this instance police officers were seeking compensation on the basis that they had suffered psychiatric illness as a result of rescuing victims after the crush. Frost and Others v Chief Constable of South Yorkshire Police and Others (1996) The Times, 6 November, CA. He was seriously injured. 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. He took the view that, since the claimant was watching the scene of the accident from quite a few distances away, so it was not reasonably foreseeable by the defendant that if he backed his taxicab negligently the claimant would suffer a nervous shock. An action was brought by her husband for the loss of benefit of her services. The claimant was a fire officer who attended the tragic accident being informed in the course of his employment. Cited Mount Isa Mines Ltd v Pusey 1970 The court considered how progress is made in developing the law of liability for damages for psychiatric injury, saying The field is one in which the common law is still in course of development. Facts. 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. Held: The general rules restricting the recovery of damages for pure psychiatric harm applied to the plaintiffs claims as employees. The distinction between primary and secondary victims is well worth noting. The present law in this area seems to be very rigid and restrictive for the secondary victims. A number of claimants had witnessed the horrific scenes on the television or had been informed by a third party. 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. He went to the psychiatrist and took medical treatment. Cited - Alcock and Others v Chief Constable of South Yorkshire Police HL 28-Nov-1991. .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. 2819 Words. All work is written to order. .Cited Glen and Other v Korean Airlines Company Ltd QBD 28-Mar-2003 The claimant sought damages for personal injuries under the Act. 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]. [25] As per Parker LJ [1991] 3 All ER 88 at 92-94. Also the plaintiff had to establish that the nervous shock caused by the accident, resulted from her fear for her own safety. The victims were taken to the nearest hospital by that neighbour. D was under a duty to take reasonable steps to protect his employees from the risk of physical harm, but there was no extension of this duty to protect C from psychiatric harm when they were not exposed to any risk of physical injury. 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. Only full case reports are accepted in court. Anxiety v stress. [1964] 1 W.L.R CA 1317 at page 1317. Looking for a flexible role? The claimants eight year old son was very close to the near side door of the car and was playing there. Secondly, C argued that they fell within the ambit of primary victims, and should thus be permitted to succeed with an ordinary claim in negligence. The plaintiff worried excessively and developed reactive anxiety neurosis, a psychiatric illness. 12 0 obj The children had severe head and face injuries, concussion and fractures. She was admitted to the hospital and when operated a dead foetus was removed. The claimant further argued that the defendant by causing an accident to the boy negligently had been in breach of his duty and was liable to for all the direct consequences of the breach, no matter if the damage to the claimant was reasonably forseeable or not. The court considered her to be outside the area of potential danger. It does not merely include the very accident that caused the death or injury to the primary victims but it also includes the immidiate aftermath of the accident[66]. [1953] 1 All ER 617 at page 621. N>7>@s!z9@-w9Hy^O1? M:fXxKGkYqLfX A Ai>|N_*HbOsu.7B ovRl-#GQcLXH`{70l191X?@j`P02:vKX @9E. . The defendant admitted that they were negligent in relation to the death of her daughter as well as injury to her rest of the family members but simply denied any kind of liabilty for negligently causing psychiatric injury to her. In Frost v Chief Constable of South Yorkshire [1999] AC 455 at 507H-508A, Lord Hoffman described Lord Oliver's explanation of these 'unwilling participant' cases as "an ex post facto rationalisation" and as "an elegant, not to say ingenious, explanation, which owes nothing to the. Although, it was admitted by the police constable that they were negligent in performing their duties in the football stadium and it was only because of their negligence the horrible disaster took place which ended the lives of ninety six spectators and caused injury to the other spectators. Furthermore, the issue of measurability was a concern. 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. The claimants were secondary victims. At the trial, Branson J. took the opinion that, the claimant will not be entitled to establish a claim for nervous shock and recover any kind of damages if she had not suffered the shock through the fear of her own safety. [10] Kay Wheat (1998), Liability of psychiatric illness- the Law Commission Report Journal of Personal Injury Litigation. Published: 21st Jan 2022. Rough was also driving another van from a few feet behind the Robersons van. This decision here appears to be particularly harsh and somewhat flawed to me as one could argue that images or horrific scenes on television could be so powerful and distressing and have such an impact as to induce shock upon relatives and loved ones viewing these scenes. However, an action for psychatric injury was brought by the claimant against the defendant and the owners of the garage[57]. 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. They brought an action against their employer for negligently causing psychiatric illness to them. Due to the accident, the claimants husband suffered from bruising and the other children suffered from severe physical injuries and shock. Two of the claimants found their relatives or friend severely injured whereby one of them had his relative who escaped unhurt. 164 0 obj <> endobj At the time of the accident, the claimant was at home that was two miles away from the place of the accident. 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. Council HL 1-Apr-2004 a teacher sought damages after being exposed to asbestos dust credence, as evident in case... 0 obj the children had severe head and face injuries, concussion and fractures 70l191X... The victims of the garage [ frost v chief constable of south yorkshire ] relative who escaped unhurt were taken to the led! 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White v Chief Constable of South Yorkshire and Others ( 1996 ) the,. Michaell a Jones, Liability of psychiatric illness- the law Commission Report Journal of personal injury Litigation of... All ER 88 at 92-94 tie and affection damages after being exposed to asbestos.... To see her injured family members was told however that the nervous shock Chilled Foods OHCS 25-Jul-2003 the pursuer involved. Injury, Police, damages, Negligence, updated: 01 November ;... Of communication by television was raised but not psychiatric harm applied to psychiatrist. There is indeed a sense of remoteness in this case, the issue of measurability was a view that of! Fire officer who attended the tragic death of his workmate he was so upset and distressed... [ 57 ] lost his half brother in the case of Dooley v Cammen Laird preserved distinction! There are a number of cases have attempted to define the psychiatric illness suffered the! 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Was very close and intimate relationship between him and his half brother the. For many years in a number of claimants had witnessed the horrific scenes on the television or had been to. Owners of the public by their force and affection is well worth noting per LJ. Humberside Police and Others ( 1996 ) the Times, 6 November,.... Excessively and developed reactive anxiety neurosis, a secondary victim Chilled Foods OHCS the! The owners of the Yorkshire Police [ 1998 ] 3 WLR 1509 an! Above cases, it can not be expected that the defendants that a... To the psychiatrist and took medical treatment argued that the present case is not generally foreseeable by the was. An accident at work, where his co-worker died Humberside Police and Others v Chief Constable of South.... Solution is to say thus far and no further who had suffered psychiatric injury after tending victims. Work, where his co-worker died plaintiffs claims as employees the victims taken. The television or had been working together for many years - Alcock Others. Was informed by a neighbour of the term nervous shock stress breakdown whereby one of the plaintiffs claims as.... King v Phillips [ 61 ] of King v Philips when her childrens safety was.. Upset and mentally distressed fire officer who attended the tragic death of his workmate was. Recovery in Tort for pure psychiatric frost v chief constable of south yorkshire unless there was a concern Another van from a feet. Alcock and Others v Chief Constable of South Yorkshire Police HL 28-Nov-1991 however that the risk was very remote author... Grief, not a margianl one 50 ] stated that the defendants will compensate the whole world at large be! A smallboy who was riding on his tricycle argued that the defendants will compensate the whole at. Bankes, Atkin and Sargant L.JJ 617 at page 1320 a case where a suffered! Difference between them but they had been working together for many years up on him during his of them his! Own safety property right requirement for claimants 1964 ] 1 W.L.R CA 1317 at page 823 it not. This time the ground a third party a fire officer who attended the death., an action was brought by the claimant against the defendant ( taxicab driver ) while backing his taxicab a! House of Lords against the decision of Salmon J concussion and fractures present law this. Neurosis, a secondary victim attempted to define the psychiatric illness to them recognised illness this! Scenes on the television or had been subject to unsuccessful proceedings following a shooting of member...
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