. Alcock & ors v Chief Constable of South Yorkshire [1992] AC 310 House of Lords. The rules are refined to take account of the special nature of psychiatric damage, compared to personal injury or damage to property. Critically discuss this statement considering the development in this area of Tort Law… Frost v Chief Constable of South Yorkshire Police . Facts. . South Yorkshire Police had been responsible for crowd control at the football match and had been negligent in directing an excessively large number of spectators to one … All rights reserved. The document also included … © Oxford University Press, 2018. 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 can, at times, be hard to identify and justify. In Page v. Smith the plaintiff was driving his car at 30 miles an hour when the defendant turned right immediately into his path. OF THE … In Page v. Smith the plaintiff was driving his car at 30 miles an hour when the defendant turned right immediately into his path. 540. Alcock v Chief Constable of South Yorkshire 1) closeness of relationship 2) proximity in time and space 3) Suddenness of shock (and means of it) CLOSENESS of relationship - Requirement 1 for Secondary Victim. Times 06-Nov-96, [1996] EWHC CA 173 In White (or Frost) and Others v The Chief Constable of the South Yorkshire Police and Others [1998] 3 WLR 1509 six police officers brought test cases on behalf of 23 officers who played a part in the Hillsborough disaster, suffering severe psychological trauma as a result. All the plaintiffs lost, or feared they … 1 See Alcock v Chief Constable of South Yorkshire Police [1992] 1 AC 310; Hicks v Chief Constable of the South Yorkshire Police [1992] 2 All ER 65. Plaintiffs. and. The document also included supporting commentary from author Craig Purshouse. and. 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. Judgement for the case White v Chief Constable of South Yorkshire. In 2005, a duly qualified medical practitioner decided that K was disabled and that that was likely to be permanent. If you have purchased a print title that contains an access code, please see the information provided with the code or instructions printed within the title for information about how to register your code. The Facts. The Chief Constable of South Yorkshire Police and Ors. Essential Cases: Tort Law provides a bridge between course textbooks and key case judgments. . Case: Alcock v Chief Constable of South Yorkshire Police [1991] UKHL 5. Frost v Chief Constable of South Yorkshire Police [1999] 2 AC 455. This case document summarizes the facts and decision in Frost (or White) v Chief Constable of South Yorkshire Police [1999] 2 AC 455. Frost v Chief Constable of South Yorkshire Police [1998] Facts This case involved multiple police officers claiming they had suffered mental injury through rescuing the victims of … The Chief Constable of South Yorkshire has admitted liability in negligence in respect of the deaths and physical injuries. This case arose from the disaster that occurred at Hillsborough football stadium in Sheffield in the FA cup semi-final match between Liverpool and Nottingham Forest in 1989. Hill v Chief Constable of West Yorkshire [1988] 2 WLR 1049 House of Lords Jacqueline Hill was the final victim of Peter Sutcliffe (the Yorkshire Ripper). Fletcher v Commissioners for Public Works [2003] 2 I.L.R.M.94. ↑ See Lord Steyn in Frost v Chief Constable of South Yorkshire Police [1999] 2 AC 455 ↑ See the Law Commission Report Liability for Psychiatric Illness , Part III v • d • e Psychiatric Damage: Problems for claimants. Defendants. This case document summarizes the facts and decision in Frost (or White) v Chief Constable of South Yorkshire Police [1999] 2 AC 455. All Rights Reserved. Yes No 15 August 2008 The issues. The House of Lord were thus called upon to revisit the distinction between primary and secondary victims set out in Alcock v Chief Constable of South Yorkshire ([1992] 1 AC 310). In White (or Frost) and Others v The Chief Constable of the South Yorkshire Police and Others [1998] 3 WLR 1509 six police officers brought test cases on behalf of 23 officers who played a part in the Hillsborough disaster, suffering severe psychological trauma as a result. This chapter considers the landmark decision in Alcock v Chief Constable of South Yorkshire Police [1992] 1 AC 310 concerning liability for psychiatric injury, or ‘nervous shock’. R (on the application of Chief Constable of South Yorkshire Police) v Kelly In this case, the interested party, K, was a serving police officer who had developed post-traumatic stress disorder. and. Frost v Chief Constable of South Yorkshire [1997] 3 WLR 1194; Galt v British Railways Board (1983) 133 NLJ 870; Gregg v Ashbrae Ltd [2006] NICA 17; Hunter v British Coal Corporation [1998] 3 WLR 685; Monk v PC Harrington Ltd & ors [2008] EWHC 1879 (QB) Pang Koi Fa v Lim Djoe Phing [1993] 3 SLR 317; Robertson v Forth Road Bridge Joint Board [1995] ScotCS CSIH 1; Wigg v British Railways … In this chapter, I argue that Alcock was an essentially conservative In order to do so, she needs to satisfy the Alcock control mechanisms as stated by Lord Oliver in Alcock v Chief Constable of South Yorkshire Police. White v Chief Constable of the South Yorkshire Police was a 1998 case in English tort law in which police officers who were present in the aftermath of the Hillsborough disaster sued for … Dooley v Cammell Laird [1951] 1 Lloyd's Rep 271. Whether the degree of love and affection is such that defendant should have forseen shock and harm to the loved one of the victim. I do not in the circumstances propose to say anything about the plaintiff’s alternative case based on her status as am employee and the decision in Frost & others v Chief Constable of South Yorkshire Police & others [1997] 1 All E.R. MR B HYTNER QC and MR G PLATTS (Instructed by Russell Jones & Walker, Leeds LS1 2HA) appeared on behalf of the Appellant. Claim by PO's who assisted at the Hillsborough disaster and thereby suffered psychiatric injury. Page -v- Smith [1995] 2 All ER 736 at 759, 761 per Lord Lloyd. Alcock -v- The Chief Constable of South Yorks [1992] 1 AC 310. Mr Hytner submits, as he successfully in the result submitted in Frost v. Chief Constable of South Yorkshire Police [1997] 3 W.L.R. In White and others v Chief Constable of South Yorkshire Police12, the House of Lords removed what had been recognised as an illogical and unjust decision between claimants that had been brought about by the decision of the Court of Appeal in this case (reported as Frost v Chief Constable of South Yorkshire Police13). Walter Mein Duncan. Copyright © A v Chief Constable of South Yorkshire, High Court, 17 July 2008 Share Share Print remove content? The full text of the House of Lords judgment in this case is available free of charge on the BAILII website; Case Summary This case document summarizes the facts and decision in Frost (or White) v Chief Constable of South Yorkshire Police [1999] 2 AC 455. The British Coal Board Defendants. Hill v Chief Constable of West Yorkshire [1988] 2 WLR 1049; Michael v Chief Constable of South Wales Police [2015] UKSC 2; Osman v Ferguson [1993] 4 All ER 344; Reeves v Commissioner of Police of the Metropolis [2000] 1 AC 360; Rigby v Chief Constable of Northampton [1985] 2 All ER 986; Smith v Chief Constable of Sussex [2008] EWCA Civ 39 Frost and Others v Chief Constable of South Yorkshire Police and Others (1996) The Times, 6 November, CA ; Frost and Others v Chief Constable of South Yorkshire Police and Others (1996) The Times, 6 November, CA. For questions on access or troubleshooting, please check our FAQs, and if you can't find the answer there, please contact us. . Like the case of Alcock v Chief Constable of South Yorkshire, this case arose from the disaster that occurred at Hillsborough football stadium in Sheffield in the FA cup semi-final match between Liverpool and Nottingham Forest in 1989. The Court of Appeal's judgment has been discussed at some length by the present authors in an earlier article, "Nervous Shock, Rescuers and Employees - Primary or Secondary Victims?" Please subscribe or login to access full text content. You could not be signed in, please check and try again. Walter Mein Duncan. R (on the application of Chief Constable of South Yorkshire Police) v Kelly In this case, the interested party, K, was a serving police officer who had developed post-traumatic stress disorder. House of Lords (Lord Browne-Wilkinson, Lord Griffiths, Lord Goff of Chieveley, Lord Steyn and Lord Hoffmann) 3 December 1998 Citations: [1992] 1 AC 310; [1991] 3 WLR 1057; [1991] 4 All ER 907; [1992] PIQR P1; (1992) 89(3) LSG 34; (1991) 141 NLJ 166. [1998] SLJS 121. White v Chief Constable of the Yorkshire Police [1998] 3 WLR 1509. Access to the complete content on Law Trove requires a subscription or purchase. Compare the decision o f the English Court o f Appeal in Frost v Chief Constable of South Yorkshire Police [1998] QB 254 permitting recovery by injured on- … Filters. Keywords: rescue; compensation for hillsborough rescuers. Ibid, at 576. PRINTED FROM OXFORD LAW TROVE (www.oxfordlawtrove.com). (Times 06-Nov-96, , [1996] EWHC CA 173) 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. McLoughlin v O’Brian [1983] 1 AC 410, Alcock v Chief Constable of South Yorkshire Police [1992] 1 AC 310, Frost (or White) v Chief Constable of South Yorkshire Police [1999] 2 AC 455, Rothwell v Chemical & Insulating Co. Ltd [2008] 1 AC 281, Part 5: Causation (Cause-in-Fact and Remoteness), Part 8: Trespass to the Person and Related Torts, Part 9: Nuisance and the Rule in Ryands v Fletcher. Essential Cases: Tort Law provides a bridge between course textbooks and key case judgments. Personal injury damagesmay include the head of damage for pain and suffering, including mental, if it flows from the original physical injury. All rights reserved. Frost and Others. Frost and Others v Chief Constable of South Yorkshire Police and Others (1996) The Times, 6 November, CA You could not be signed in, please check and try again. Mrs R Usher v Chief Constable of South Yorkshire Police: 1801027/2014 Employment Tribunal Decision. PRINTED FROM OXFORD LAW TROVE (www.oxfordlawtrove.com). The full text of the House of Lords judgment in this case is available free of charge on the BAILII website; Case Summary This case document summarizes the facts and decision in Frost (or White) v Chief Constable of South Yorkshire Police [1999] 2 AC 455. A claimant who has suffered psychiatric damage (previously referred to as nervous shock) may make a claim in Negligence. Copyright © Essential Cases: Tort Law provides a bridge between course textbooks and key case judgments. . Alcock v Chief Constable of South Yorkshire Police; House of Lords: Date decided: 28 December 1991: Citations [1992] 1 AC 310: Keywords; Negligence, nervous shock, primary and secondary victims HOUSE OF LORDS: SESSION 2003-04 [2004] UKHL 39 on appeal from: [2002] EWCA Civ 1275 [2002] 1 WLR 3223: OPINIONS. and. This case document summarizes the facts and decision in Frost (or White) v Chief Constable of South Yorkshire Police [1999] 2 AC 455. Access to the complete content on Law Trove requires a subscription or purchase. Frost v Chief Constable of South Yorkshire and others. Although the claimant appealed against his dismissal, his appeal failed. The document also included supporting commentary from author Craig Purshouse. Alcock v Chief Constable of South Yorkshire House of Lords. Essential Cases: Tort Law provides a bridge between course textbooks and key case judgments. The British Coal Board Defendants. Appeal from – Frost and Others v Chief Constable of South Yorkshire and Others CA 31-Oct-1996 The distinction normally made between primary and secondary victims claiming damages for shock in witnessing a terrible event does not apply to employees who were obliged by their contract to be present. Primary victims have to be within the zone of danger of physical impact. Plaintiffs. In this case the appellant, Dominic Angel, being suspected by a police constable in the early hours of 12 March 2009 of driving a motor vehicle while he was under the influence of drugs, refused to give a specimen of his blood for laboratory analysis. 9 December 1998. The case was known as Frost and Others v Chief Constable of South Yorkshire Police and Others [1997] 1 All ER 540 in the lower courts. White and Others v Chief Constable of South Yorkshire Police and Others1 THE ebb and flow of tort liability for psychiatric injury, or nervous shock, as it is commonly known, appears to have been arrested finally in the recent English House of Lords' decision of White and Others v Chief Constable of South Yorkshire Police and Others. Broadened definition of primary victim includes people who involuntarily and blamelessly (almost) kill/injure others. Alcock v Chief Constable of South Yorkshire Police - Wikipedia They state, at pp. The Chief Constable of South Yorkshire Police and Ors. In this chapter, I argue that Alcock was an essentially conservative Judgement for the case White v Chief Constable of South Yorkshire. This chapter considers the landmark decision in Alcock v Chief Constable of South Yorkshire Police [1992] 1 AC 310 concerning liability for psychiatric injury, or ‘nervous shock’. Primary victims have to be within the zone of danger of physical impact. Judgments - Regina v. Chief Constable of South Yorkshire Police (Respondent) ex parte LS (by his mother and litigation friend JB) (FC) (Appellant) Regina v. Chief Constable of South Yorkshire Police (Respondent) ex parte Marper (FC)(Appellant) Consolidated Appeals. Alcock v Chief Constable of South Yorkshire Police UKHL 5, 1 AC 310 is a leading English tort law case on liability for nervous shock. For questions on access or troubleshooting, please check our FAQs, and if you can't find the answer there, please contact us. Alcock v Chief Constable of South Yorkshire Police - Wikipedia They state, at pp. 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 can, at times, be hard to identify and justify. Frost and Others. White & ors v. Chief Constable of South Yorkshire Police & ors [1998] UKHL 45 House of Lords on 3rd December 1998 (on appeal from Frost v. Chief Constable of South Yorkshire Police), reported at [1999] ICR 216. McLoughlin v O’Brian [1983] 1 AC 410, Alcock v Chief Constable of South Yorkshire Police [1992] 1 AC 310, Frost (or White) v Chief Constable of South Yorkshire Police [1999] 2 AC 455, Rothwell v Chemical & Insulating Co Ltd [2008] 1 AC 281, Part 5: Causation (Cause-in-Fact and Remoteness), Part 8: Trespass to the Person and Related Torts, Part 9: Nuisance and the Rule in Ryands v Fletcher. © Oxford University Press, 2018. 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. Public users are able to search the site and view the abstracts and keywords for each book and chapter without a subscription. This chapter considers the landmark decision in Alcock v Chief Constable of South Yorkshire Police [1992] 1 AC 310 concerning liability for psychiatric injury, or ‘nervous shock’. Test yourself: Multiple choice questions with instant feedback. The case centred upon the liability of the police for the nervous shock suffered in consequence of the events of the Hillsborough disaster. Appealed to – Frost and Others v Chief Constable of South Yorkshire and Others CA 31-Oct-1996 The distinction normally made between primary and secondary victims claiming damages for shock in witnessing a terrible event does not apply to employees who were obliged by their contract to be present. A person of unreasonable fortitude cannot claim for mental injury, where it is unforeseeable. If you have purchased a print title that contains an access code, please see the information provided with the code or instructions printed within the title for information about how to register your code. All Rights Reserved. In White and others v Chief Constable of South Yorkshire Police12, the House of Lords removed what had been recognised as an illogical and unjust decision between claimants that had been brought about by the decision of the Court of Appeal in this case (reported as Frost v Chief Constable of South Yorkshire Police13). ... Continue reading "Case Report: RE v Calderdale and Huddersfield NHS Foundation Trust [2017] EWHC 824 (QB)" This post is only available to members. Frost and others v Chief Constable of South Yorkshire Police and others; Duncan v British Coal Corporation; Court of Appeal (Lord Justice Rose, Lord Justice Henry, Lord … White v Chief Constable of South Yorkshire [1999] 1 All ER 1 Case summary last updated at 19/01/2020 10:59 by the Oxbridge Notes in-house law team. White v Chief Constable of the South Yorkshire Police was a 1998 case in English tort law in which police officers who were present in the aftermath of the Hillsborough disaster sued for post traumatic stress disorder. Test yourself: Multiple choice questions with instant feedback. The document also included supporting commentary from author Craig Purshouse. Mustapha v Culligan. This case is cited by: Appeal from – Frost and Others v Chief Constable of South Yorkshire and Others CA 31-Oct-1996. The claimants were all people who suffered psychological harm as a result of witnessing the Hillsborough disaster. RK V South Yorkshire Police and Another identified in the documents was his apparent contact with pupils outside school hours, although the claimant appeared to have a number of innocent explanations for this conduct (such as giving pupils lifts to football matches). Rothwell v Chemical Insulating Co: Grieves v FT Everard & Sons Ltd . . 2020. Frost v Chief Constable of Yorkshire Police [1997] 3 WLR 1194. In the Court of Appeal Rose L.J. Essential Cases: Tort Law provides a bridge between course textbooks and key case judgments. The document also included … In the Court of Appeal Rose L.J. Published 13 April 2017 From: HM Courts & Tribunals Service and Employment Tribunal. White & ors v. Chief Constable of South Yorkshire Police & ors [1998] UKHL 45 House of Lords on 3rd December 1998 (on appeal from Frost v. Chief Constable of South Yorkshire Police), reported at [1999] ICR 216. The case centred upon the liability of the police for the nervous shock suffered in consequence of the events of the Hillsborough disaster . and. Are you sure you want to remove this item from you pinned content? In 2005, a duly qualified medical practitioner decided that K was disabled and that that was likely to be permanent. Under the terms of the licence agreement, an individual user may print out a PDF of a single chapter of a title in Oxford Law Trove for personal use (for details see Privacy Policy and Legal Notice). Defendants. PRINTED FROM OXFORD LAW TROVE (www.oxfordlawtrove.com). Sixteen separate actions were brought against him by persons none of whom was present in the area where the disaster occurred, although four of them were elsewhere in the ground. the class of persons whose claim should be recognized; the proximity of the claimant to the accident; the means by which the shock is caused. Under the terms of the licence agreement, an individual user may print out a PDF of a single chapter of a title in Oxford Law Trove for personal use (for details see Privacy Policy and Legal Notice). Therefore the psychiatric damage rules apply where there is no physical injury. 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). Public users are able to search the site and view the abstracts and keywords for each book and chapter without a subscription. Addressing the issues, as amplified by Liberty's intervention, the Court of Appeal by a majority (Lord Woolf CJ and Waller LJ) upheld for somewhat different reasons the decision of the Divisional Court: Regina (S) v Chief Constable of the South Yorkshire Police; Regina (Marper) v Chief Constable of South Yorkshire Police [2002] 1 WLR 3223. Plaintiff . South Yorkshire Police's Chief Constable has been suspended in the wake of the Hillsborough inquest findings. ... A cold start to the day across Yorkshire, with a widespread frost … Please subscribe or login to access full text content. PRINTED FROM OXFORD LAW TROVE (www.oxfordlawtrove.com). He had committed 13 murders and 8 attempted murders over a five year period. Two of the plaintiffs were spectators in the ground, but not in the pens where the disaster occurred, the remainder of the plaintiffs learned of the disaster through radio or television broadcasts. Frost v Chief Constable of South Yorkshire Police. 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. 2020. The House of Lords reversed the Court of Appeal decision in Frost v Chief Constable of South Yorkshire [1997] 1 All ER 540, which had found that the plaintiffs were primary victims, as rescuers. Held 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. MR B HYTNER QC and MR G PLATTS (Instructed by Russell Jones & Walker, Leeds LS1 2HA) appeared on behalf of the Appellant. Jacqueline' Mother made a claim against the Chief Constable on the grounds that the police had been negligent in their detection and detention of Sutcliffe. 2 v Chief Constable of South Yorkshire Police9 and White v Chief Constable of South Yorkshire Police.10 Other examples are the Piper Alpha disaster, in which 164 men were killed in an explosion on a North Sea oil rig,11 the King‟s Cross underground fire,12 and in Australia the collision between HMAS Voyager and HMAS Melbourne.13 3. Frost v Chief Constable of South Yorkshire Police. White v Chief Constable of South Yorkshire [1999] 1 All ER 1 Case summary last updated at 19/01/2020 10:59 by the Oxbridge Notes in-house law team. 4 policeman (Ps) sued R (chief officer responsible at Hillsborough) for causing them nervous shock through his negligence in allowing the accident to occur. Plaintiff. 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. Angel v Chief Constable of South Yorkshire 1. white v chief constable of south yorkshire police 1998 3 wlr 1509. frost v chief constable of south yorkshire police 1997 3 wlr 1194, 1997 1 aer 540. tan keng feng “liability for psychiatric illness - the english law commission” 1999 tort law review 165. anns v merton london borough council 1978 ac 728. ward v mcmaster 1988 ir 337 1989 ilrm 400 Rothwell v Chemical Insulating Co: Grieves v FT Everard & Sons Ltd. A person of unreasonable fortitude cannot claim for mental injury, where it is unforeseeable. Superseded the rule that rescuers could claim psychiatric injury. and. 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