Plaintiff. 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 Chief Constable of South Yorkshire Police and Ors. 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 … Claim by PO's who assisted at the Hillsborough disaster and thereby suffered psychiatric injury. Case: Alcock v Chief Constable of South Yorkshire Police [1991] UKHL 5. White v Chief Constable of the Yorkshire Police [1998] 3 WLR 1509. and. Frost and Others. 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. 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. 540. Times 06-Nov-96, [1996] EWHC CA 173 Published 13 April 2017 From: HM Courts & Tribunals Service and Employment Tribunal. and. 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. The document also included … 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360; Rigby v Chief Constable of Northampton [1985] 2 All ER 986; Smith v Chief Constable of Sussex [2008] EWCA Civ 39 Superseded the rule that rescuers could claim psychiatric injury. Facts. 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. Walter Mein Duncan. 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. 4 policeman (Ps) sued R (chief officer responsible at Hillsborough) for causing them nervous shock through his negligence in allowing the accident to occur. Public users are able to search the site and view the abstracts and keywords for each book and chapter without a subscription. and. Mr Hytner submits, as he successfully in the result submitted in Frost v. Chief Constable of South Yorkshire Police [1997] 3 W.L.R. PRINTED FROM OXFORD LAW TROVE (www.oxfordlawtrove.com). Plaintiff . Alcock -v- The Chief Constable of South Yorks [1992] 1 AC 310. In Page v. Smith the plaintiff was driving his car at 30 miles an hour when the defendant turned right immediately into his path. 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. Critically discuss this statement considering the development in this area of Tort Law… The document also included supporting commentary from author Craig Purshouse. ... A cold start to the day across Yorkshire, with a widespread frost … 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. The Chief Constable of South Yorkshire has admitted liability in negligence in respect of the deaths and physical injuries. Filters. A person of unreasonable fortitude cannot claim for mental injury, where it is unforeseeable. Are you sure you want to remove this item from you pinned content? The document also included … . The Facts. Ibid, at 576. 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. Defendants. 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). 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 … For questions on access or troubleshooting, please check our FAQs, and if you can't find the answer there, please contact us. and. 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. The British Coal Board Defendants. For questions on access or troubleshooting, please check our FAQs, and if you can't find the answer there, please contact us. You could not be signed in, please check and try again. Frost v Chief Constable of Yorkshire Police [1997] 3 WLR 1194. He had committed 13 murders and 8 attempted murders over a five year period. Please subscribe or login to access full text content. Frost v Chief Constable of South Yorkshire Police. Essential Cases: Tort Law provides a bridge between course textbooks and key case judgments. 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. 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. Frost v Chief Constable of South Yorkshire Police [1999] 2 AC 455. In this chapter, I argue that Alcock was an essentially conservative The case centred upon the liability of the police for the nervous shock suffered in consequence of the events of the Hillsborough disaster. 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. Please subscribe or login to access full text content. 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?" 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. 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). In the Court of Appeal Rose L.J. In Page v. Smith the plaintiff was driving his car at 30 miles an hour when the defendant turned right immediately into his path. Psychiatric Damage: Problems for claimants. All Rights Reserved. This case document summarizes the facts and decision in Frost (or White) v Chief Constable of South Yorkshire Police [1999] 2 AC 455. Frost and Others v Chief Constable of South Yorkshire Police and Others (1996) The Times, 6 November, CA 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. HOUSE OF LORDS: SESSION 2003-04 [2004] UKHL 39 on appeal from: [2002] EWCA Civ 1275 [2002] 1 WLR 3223: OPINIONS. Access to the complete content on Law Trove requires a subscription or purchase. Rothwell v Chemical Insulating Co: Grieves v FT Everard & Sons Ltd . OF THE … 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 . MR B HYTNER QC and MR G PLATTS (Instructed by Russell Jones & Walker, Leeds LS1 2HA) appeared on behalf of the Appellant. The British Coal Board Defendants. 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. 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- … The full text of the House of Lords judgment in this case is available free of charge on the BAILII website; Case Summary House of Lords (Lord Browne-Wilkinson, Lord Griffiths, Lord Goff of Chieveley, Lord Steyn and Lord Hoffmann) 3 December 1998 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. Fletcher v Commissioners for Public Works [2003] 2 I.L.R.M.94. 9 December 1998. . Plaintiffs. Broadened definition of primary victim includes people who involuntarily and blamelessly (almost) kill/injure others. Primary victims have to be within the zone of danger of physical impact. Personal injury damagesmay include the head of damage for pain and suffering, including mental, if it flows from the original physical injury. 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. 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). 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. 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). 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