The document also included supporting commentary from author Craig Purshouse. IN THE COURT OF APPEAL (CIVIL DIVISION. 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. 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. He is deeply traumatised and develops post-traumatic stress disorder (PTSD). The case centred upon the liability of the police for the nervous shock suffered in consequence of the events of the Hillsborough disaster Michael v Chief Constable of South Wales [2015] UKSC 2. On the policy-based approach, a duty of care would only be found if it was fair, just and reasonable to impose liability. This case document summarizes the facts and decision in Frost (or White) v Chief Constable of South Yorkshire Police [1999] 2 AC 455. A horse and cart crashed into the pub. See Reeves v Commissioner of Police for the Metropolis [2001] 1 AC 360 and the observations of Schiemann LJ in Vellino v Chief Constable of Greater Manchester Police [2001] EWCA Civ 1249, at paras [13] to [16]. 1 page) Ask a question Michael and others v The Chief Constable of South Wales Police and another [2015] UKSC 2 (28 January 2015) Toggle Table of Contents Table of Contents. Lord Hoffman in White v Chief Constable of South Yorkshire A father standing on the pavement witnesses, from a position of safety, but at very close quarters, a terrible car accident, causing horrific injuries and death to his child. This case document summarizes the facts and decision in Frost (or White) v Chief Constable of South Yorkshire Police [1999] 2 AC 455. Early development. The HoL held that in order to succeed it was necessary for the claimant to show that the injury sustained was reasonable foreseeable and that the relationship between them was one of love and affection. Tim has to meet the primary or secondary victim requirements in order for his claim to be successful. The immediate aftermath does not normally include television pictures ( White v Chief Constable of South Yorkshire (1998)) though this is because broadcasting guidelines would not permit a showing of individual suffering. Facts. C must establish they have suffered from a recognised psychiatric illness, not merely grief, distress, anxiety or shock in the ordinary sense of the word. 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. It’s not enough to claim for mere grief or normal shock. It may only be for a period of two hours (see McLoughlin v O'Brian (1982)) or a longer period, dependent on the facts (see N Glamorgan NHS Trust v Walters (2002)). A pedestrian … IN THE SUPREME COURT OF JUDICATURE. Dooley v Cammell Laird & Co Ltd [1951] Damages were awarded to a claimant who unwittingly became an agent of the defendant's negligence and developed psychiatric harm. Practical Law Case Page D-029-0441 (Approx. HL dismissed … I agree that for the reasons they give these appeals should be allowed and the actions dismissed. Facts. 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). 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. This was a test case brought by 16 relatives and friends of some of the victims. Neither are employees: White & Ors v Chief Constable of South Yorkshire [1998] 3 WLR 1509 Case summary . Although Tim is a 'rescuer', following the decision of the House of Lords in White v Chief Constable of South Yorkshire Police [1998], this makes no difference to the detail his claim. Teachers Toolkit; The Map » White v Chief Constable of South Yorkshire The English Tort case involved claims of psychiatric injury from police officers who were on duty on the day of the Hillsborough Disaster and present during the aftermath. White and Others v Chief Constable of South Yorkshire Police and Others. The law adopts a restrictive approach in awarding damages for negligently inflicted psychiatric injury. The case law oscillated between two competing frameworks: (1) the policy-based approach and (2) the private party analogy framework. He had committed 13 murders and 8 attempted murders over a five year period. He told her that he was going to kill her. 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. Ctrl + Alt + T to open/close. WHITE AND OTHERS (RESPONDENTS)v.CHIEF CONSTABLE OF SOUTH YORKSHIRE AND OTHERS (APPELLANTS)ON 3 DECEMBER 1998LORD BROWNE-WILKINSON My Lords, I have read in draft the speeches of my noble and learned friends, Lord Steyn and Lord Hoffmann. ON APPEAL FROM ORDER OF HIS HONOUR … 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’. Essential Cases: Tort Law provides a bridge between course textbooks and key case judgments. Judgement for the case White v Chief Constable of South Yorkshire. Vincent [1996] EWCA Civ J1031-12 . Legal updates on this case; Links to this case ; Content referring to this case; Legal updates on this case. 3. 2 Alcock v Chief Constable of South Yorkshire Police [1992] 1 AC 310. All but one were ultimately unsuccessful. Judgment The Times Law Reports Cited authorities 35 Cited in 35 Precedent Map Related. 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). Even if they had witnessed the shooting, they would have had no claim as secondary victims as they had no family or emotional tie to the victims and it followed that the officers in question were even more remotely affected than that and they could have no claim either (White -v- Chief Constable of South Yorkshire (1998) 3 WLR 1509) . Ms Michael made a 999 call in which she explained that her ex-boyfriend had come to her house and found her with another man. The document also included supporting commentary from … Rescuers are now to be given no favourable treatment. 4 policeman (Ps) sued R (chief officer responsible at Hillsborough) for causing them nervous shock through his negligence in allowing the accident to occur. 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; Swinney v Chief Constable of Northumbria … Michael and others v The Chief Constable of South Wales Police and another. On 5 August 2009 at 2.29am, Ms Michael dialled 999 requesting police protection from her historically aggressive ex-boyfriend. Psychiatric Injury: Taking a look at secondary victim claims ‘de Novo’ Hardwicke Chambers | Personal Injury Law Journal | June 2015 #136. Alcock v Chief Constable of South Yorkshire The defendant was responsible for policing a football match at Hillsborough stadium on the day of the crush, which was caused by police negligence. The case centred upon the liability of the police for the nervous shock suffered in consequence of the events of the Hillsborough disaster. Essential Cases: Tort Law provides a bridge between course textbooks and key case judgments. Police officers claiming for PTSD as a result of attending the Hillsborough disaster. The document also included supporting commentary from author Craig Purshouse. White v Chief Constable of South Yorkshire Police 1999. White v Chief Constable of South Yorkshire Police [1999] Lord Steyn: law in this area is a 'patchwork quilt of distinctions which are difficult to justify' McLoughlin v O'Brian [1983] This case document summarizes the facts and decision in Robinson v Chief Constable of West Yorkshire [2018] UKSC 4. Alcock & ors v Chief Constable of South Yorkshire [1992] AC 310 House of Lords. 17 Feb 2015 . 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. Essential Cases: Tort Law provides a bridge between course textbooks and key case judgments. He can claim damages for personal injury as a secondary victim. Dulieu v White [1901] 2 KB 669 High Court King’s Bench The claimant was pregnant and behind the bar in her husband’s public house. The claimants were the parents and children of Joanna Michael, who had been murdered by her former partner. Walker v Northumberland County Council [1995] Established that … However this position was changed in White v Chief Constable of South Yorkshire. If the claimant was a rescuer who went to the aid of others involved in an accident, they will only be defined as a primary victim if they were, or reasonably believed themselves to be, in danger. Lord Steyn in White v Chief Constable of South Yorkshire Police [1998] suggests four reasons as to why a distinction is drawn between physical and psychiatric injury: Evidential problems: the difficulties in drawing the line between psychiatric illnesses and mere grief, anxiety etc. The Court of Appeal The House of Lords in White v Chief Constable of South Yorkshire Police clarified that rescuers are not a special category of primary victim. Before Robinson v Chief Constable of West Yorkshire, the law on public authority negligence liability was confused. 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). It is not possible to effectively legislate on the Law Commission's recommendations. Frost v Chief Constable of South Yorkshire Police [1998] Gamerco v ICM/Fair Warning Agency [1995] Gammon v A-G for Hong Kong [1985, Privy Council] Geary v JD Weatherspoon [2011] George Mitchell v Finney Lock Seeds [1983] Gibson v Manchester City Council [1978] Gibson v Orr [1999] Gillan v UK [2010] Gillett v Holt [2001] Gillingham DC v Medway Docks [1993] Glasgow Corp v Muir [1943] … 3 Frost v Chief Constable of South Yorkshire Police [1997] 3 WLR 1194. Whether the degree of love and affection is such that defendant should have forseen shock and harm to the loved one of the victim. She gave birth prematurely nine days later and the child suffered developmental problems. ON APPEAL FROM ORDER OF MR JUSTICE WALLER. LORD … The above judgment in White v The Chief Constable allowed the defendants' appeal against the 1997 Court of Appeal decision in Frost & Ors. Case: White v Chief Constable of South Yorkshire [1998] UKHL 45. 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