Lord Steyn's observation in Frost v Chief Constable of South Yorkshire Police [1999] 2 AC 455, was that while, "the law on the recovery of compensation for pure psychiatric harm is . In this case the plaintiff was exposed to asbestos dust. 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. Held: (Smith LJ dissenting) The . That was a very strong windy day when the tragic accident took place. swarb.co.uk is published by David Swarbrick of 10 Halifax Road, Brighouse, West Yorkshire, HD6 2AG. Many of the claimants witnessed horrific images and scenes of carnage on the television . Open Document. [7] Nervous Shock-when is it compensable? However in relation to claims brought by siblings this close relationship had to be proven by evidence. 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]. Accordingly, in the case of Robertson and Rough v Forth Road Bridge Joint Board[35], the claimants brought an action against the defendants for a horrible disaster that took place on the Forth Road Bridge. Decent Essays. 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. . [60] As per Ormerod LJ [1964] 1 W.L.R CA 1317 at page 1320. Lord Oliver[30] thought that, Mr. Brians action failed not only because he could not provide with evidence of close tie of love and affection but also because the perception of the shocking event was gradual as opposed to the sudden appreciation by sight or sound of a horrifying event. The most commonly medically recognised illness of this type is Post Traumatic Stress Disorder (PTSD). The floodgates argument may be a possible reason for this. According to him, in all the psychiatric injury cases, a distinction or classification of the potential claimants is essential. This was an event of 19th October 1973. We do not provide advice. 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. In this case, the claimant-namely Mr. McCarthy also lost his half brother in the Hillsborough disaster. Abstract. 0 She had been making a good recovery but then collapsed and died at home from pulmonary emboli, and thrombosis which were a consequence of the injury. This was a case which involved a huge disaster in the Hillsborough football stadium[23]. But that would be contrary to precedent and, in any event, highly controversial. Abstract. As a result of the tragic death of his workmate he was so upset and mentally distressed. 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. [60]did not agree with the arguments put by the defendant but he agreed with the decision given by Salmon J. Different kinds of harm The horrific events of 15 April 1989 at the . Interestingly, in White v Chief Constable of South Yorkshire Police the plaintiffs ( police officers ) relied on cases such as Dooley v Cammell Laird [1951] 1 Lloyds Rep 271, Galt v British Railways Board [1983] 113 NLJ 870, Wiggs v British Railways Board. Finally, after a careful consideration of all the issues, it was held by Cazalet J. [1953] 1 All ER 617 at page 621. It appears in analysing this case that the House of Lords were conscious of the judgment made in the Alcock case. As secondary victims they, like the bystanders or spectators, were not entitled to recover damages for their psychiatric illness. In Kelly v Hennessy [1995] 3IR.253 CJ Hamilton laid down criteria, which have become the standard test for nervous shock. 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. The defendants resisted saying that the injury alleged, the development of pleural plaques, was yet insufficient as damage to found a claim. Rough was also driving another van from a few feet behind the Robersons van. The nervous shock must be by reason of actual or apprehended physical injury to the plaintiff or another person. These standard criteria have made it more difficult to claim damages in Irish courts. Do you have a 2:1 degree or higher? The document also included supporting commentary from author Craig Purshouse. 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. White (Frost) v Chief Constable of South Yorkshire Police [1999] 2 AC 455 (Hillsborough, police on duty) The Control Mechanisms - Alcock 1. The House of Lords, although divided in as to their reasoning, delivered a judgment in favour of the plaintiff. 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 . [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. was reluctant to interfere with the findings of the court and agreed with the decision given by McNair J. He brought an action for negligently inflicted psychiatric illness against the defendants. The very moment Smith was being thrown off the van by the wind, Robertson did not in fact see what happened as he was driving. 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. Held: . 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. Looking for a flexible role? The plaintiff worried excessively and developed reactive anxiety neurosis, a psychiatric illness. N>7>@s!z9@-w9Hy^O1? M:fXxKGkYqLfX A Ai>|N_*HbOsu.7B ovRl-#GQcLXH`{70l191X?@j`P02:vKX @9E. 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. 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. 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 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. The boy screamed loud enough and tried to take his foot out the cars wheel by kicking the car with the other foot. He continued that, the claimants nervous shock was too remote as a head of damage. 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. 2 claims. The plaintiff sought medical advice and was told there was a risk that he could contract mesothelioma. Appeal from - White, Frost and others v Chief Constable of South Yorkshire and others HL 3-Dec-1998. Held: The general rules restricting the recovery of damages for pure psychiatric harm applied to the . The first is to wipe out recovery in tort for pure psychiatric injury. The law on recovery of damages for psychiatric illness is entirely based on common law. 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. IMPORTANT:This site reports and summarizes cases. In the case of Mcloughlin v O Brian[18], Lord Wilberforce[19] took the view that, the reasonable foreseeability should be the only criteria to determine the defendants liability towards the class of person to whom the duty of care might be owed not to inflict any psychiatric injury through nervous shock sustained by reason of physical injury or peril to another. Moreover, Denning LJ[55] took the view that, the defendant was under a duty of care to the boy where there was a breach of that duty of care, but as far as the claimants nervous shock was concerned, it was not reasonably foreseeable by the defendant that the claimant could be suffered from a nervous shock as a result of the accident. 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. View history. It was admitted by the defendants that the accident took place due to their negligence. His brother in law and his nephew also had been present in the football ground who was watching the live match from the terrace. Plaques, was yet insufficient as damage to found a claim commentary from author Craig.... 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