frost v chief constable of south yorkshirefrost v chief constable of south yorkshire

Case Summary The claimant appealed against the decision of the trial judge to the Court of Appeal. There are many examples where it has been seen that a person after sustaining a genuine shock could not recover damages for psychiatric illness only because of being failure to establish the fact that there was sufficient close relationship with the primary victims. Kearns J [2003] stated the category of relationships entitled to successfully claim damages for nervous shock should be tightly restricted.. Since they were not endangered in the discharge of their service or in rescuing, as employees and/or rescuers, the police officers were only secondary victims. Only recognisable psychiatric illness would qualify for in such claims. The presence of such plaques were symptomless, and would not themselves cause other asbestos related disease, but . The carriageway was too high that any person fell from that distance would unlikely to survive. After the dismissal from the Court of Appeal, ten of the claimants made an appeal to the House of Lords against the decision given by the Court of Appeal. You would be correct that rescuers are generally an excluded category of primary victim, as seen in cases like White v CC of South Yorkshire Police (if family cannot claim, rescuers should not be allowed to) . (now Lord Justice Waller) and the majority in the Court of Appeal erred in reversing him: Frost v. Chief Constable of South Yorkshire Police [1997] 3 W.L.R. Firstly shock had to occur as a result of what the plaintiff witnessed from his / her unaided senses .This required that the plaintiffs be close to the event. The law has imposed lots of requirements for the secondary victims before they can successfully make a psychiatric injury claim. Criticism o f this seem ingly unpalatable result has been widespread: see Law Com m ission Report 249, Liability for Psychiatric Illness, 1998 (Report) at [1.1]. 2 Alcock v Chief Constable of South Yorkshire Police [1992] 1 AC 310. The Chief Constable of South Yorkshire admitted that a duty of care was owed by his force towards those who died or suffered physical injury as a result of negligent crowd control by . The defendant police service had not . In this case the plaintiff was exposed to asbestos dust. Held: It was a classic case of nervous shock. . Sometimes, the policy consideration came on the way of the secondary victims as an obstacle which did not let the courts give decisions in their favour. Is there any liability for self inflicted physical injury which caused the claimants psychiatric illness? Pages 14 Course Hero uses AI to attempt to automatically extract content from documents to surface to you and others so you can study better, e.g., in search results, to enrich docs, and more. Copyright 2003 - 2023 - LawTeacher is a trading name of Business Bliss Consultants FZE, a company registered in United Arab Emirates. However, these two categories of secondary victims are exceptionally allowed to recover at common law even without a close tie of love and affection between them and the immediate victims, as required of other secondary victims. Hearing about it from someone else would not suffice. 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. The claimants were secondary victims. But the fact of the present case must be considered in accordance with the decision of Bourhill v Young[54] where the House of Lords provided the test-if the defendant have reasonably foreseen any damage to the claimant then he owes a duty of care and liable for negligently causing personal damage. 5th Oct 2021 The claimant was a fire officer who attended the tragic accident being informed in the course of his employment. The Chief Constable of South Yorkshire has admitted liability in negligence in respect of the deaths and physical injuries. swarb.co.uk is published by David Swarbrick of 10 Halifax Road, Brighouse, West Yorkshire, HD6 2AG. But he further took the view that, there is no reported English case decision where it has been established that whether a defendant owes any duty of care towards the claimant for not causing him a psychiatric injury by self inflicted injuries. Having heard the boys scream the claimant rushed there and saw the accident which caused psychiatric injury to him. .Cited McLoughlin v Jones; McLoughlin v Grovers (a Firm) CA 2002 In deciding whether a duty of care is established the court must go to the battery of tests which the House of Lords has taught us to use, namely: . Cazalet J. agreed with the claimant that he meets all the recovery criteria that govern a claim for psychiatric injury sustained by him. He was seriously injured. At the time of the accident, the claimant was at home that was two miles away from the place of the accident. Then she went to see another child and found him unconscious. [34] Cases and Commentary on Tort, by Barbara Harvey & John Marston, 5th Edition. 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. 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. He had known Smith just as a colleague for few years. On August 18, 1955, the defendant, namely Mr. Sanderson went to the garage along with the claimant and his son for the purpose of collecting his car as they had decided to go out for holiday. [15] Kay Wheat (2003) Proximity and Nervous Shock Common Law World Review 32 4 (313). . White v Chief Constable of South Yorkshire. the purpose test (Banque Bruxelles Lambert SA v Eagle Star Insurance Co Ltd); the assumption . 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. Byrne v Southern and Western RY .Co. But, it has been seen from some of the above case decisions that, even after satisfying the requirement of proximity of relationship, the court still did not allow the secondary victims claim for psychiatric injury. 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]. << According to him, it is not necessary that such class of person, to whom the defendant owes liability, have to be spouse or parent and child. [63] Tort Law; Text, Cases and Materials by Jenny Steele 2007. The issue of communication by television was raised but not adequately dealt with. [1] Nicolas N (2002), A Remedy for Nervous Shock or Psychiatric Harm- Who Pays?-Volume 9, Number 4. 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 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. ( as what happened in this particular case ) . An action was brought by her husband for the loss of benefit of her services. Acknowledging the acute difficultis particular to the evidence in such cases, the House of Lords, in Fairchild. 10 Alcock v Chief Constable of South Yorkshire Police . Do you have a 2:1 degree or higher? Many of the claimants witnessed horrific images and scenes of carnage on the television . In order for the claimant to successfully recover compensation the court needs to consider an amalgam of rules and exceptions as . 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 . The plaintiff, Mr Smith was deemed to be a primary victim, since he was involved in the accident and risked personal injury. Up until the early 20th century in England, courts have been reluctant to allow recovery for nervous shock. Her claim was struck out, but restored on appeal. The only prudent course is to treat the pragmatic categories as reflected in in authoritative decisions such as the Alcock case and Page v. Smith as settled for the time being, but by and large to leave any expansion or development in this corner of the law to Parliament. In this chapter, I argue that Alcock was an essentially conservative decision, rather than the reactionary one which it is often assumed to have been . The present law in this area seems to be very rigid and restrictive for the secondary victims. 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. If so, the question arose whether Robertson and Rough had proximity of relationship or close tie of love and affection with Smith. Programme for stress management. So, finally, the House of Lord dismissed the appeal made by the claimant. Having studied this case, I feel it is significant for a number of reasons. The case of White and Others v Chief Constable of South Yorkshire (1998) QB 254 elicited need for necessary distinctions between physical injury and nervous shock and has had an impact on nervous shock claims by bringing other policy considerations into play, for example the Criminal Injuries Compensation Scheme and the Criminal Justice Act of . The English courts frequently face claims brought by the secondary victims; as a result great deal of attention has been drawn towards the secondary victims cases[14]. [70] As per Griffith LJ [1981] 1 All ER 809 at page 829. The relationship between the claimants and the deceased was described by the court as- Robertson was a person of fifty six years old who had known Smith for ages. In modern times, the issue of liability for nervous shock still remains a contentious issue. The law on recovery of damages for psychiatric illness is entirely based on common law. This case document summarizes the facts and decision in Frost (or White) v Chief Constable of South Yorkshire Police [1999] 2 AC 455. It was the case of Alcock v Chief Constable of South Yorkshire, [11] where Lord Oliver for the first time drew the attention to the distinction between the primary and secondary victims. The distinction between primary and secondary victims is well worth noting. The House of Lords however, held that for the purposes of distinction between primary and secondary victims, that rescuers were not in a special position in the law. Subsequently, she learnt from a bystander that one of her children have sustained injury by that running motor lorry. HL dismissed their claims since they were suffering extreme grief, not a psychiatric illness. 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. However, after couple of hours he received a phone call from someone and learnt that both his brothers got killed at the disaster. According to him it was a matter of common sense that-the defendant while backing his taxicab have not reasonably foreseen any personal injury to the claimant who witnessed an accident and suffered nervous shock from a house some seventy to eighty yards away up a side street. [39] that- the defendant did not owe any duty of care towards the claimant for not causing a psychiatric injury by self inflicted physical injuries. 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. Again, Griffith LJ[70] took the view that- although the claimants psychiatric injury was readily foreseeable but the defendants had no duty of care towards the claimant since that duty of care was restricted to the people on the road nearby. A live television broadcast of that match was running from the ground. The 2003 decision of Fletcher v Commissioners for Public Works clearly demonstrates this point. According to the facts of this case, the claimants (Robertson and Rough) and the primary victim (George Smith) used to work together with the defendants (Forth Road Bridge Board). It appears in analysing this case that the House of Lords were conscious of the judgment made in the Alcock case. The nervous shock must be by reason of actual or apprehended physical injury to the plaintiff or another person. Only full case reports are accepted in court. Employment > Health and safety; However, the trial judge, Boreham J[68], took the view that- although the claimant was a person of reasonable fortitude and the mental condition that she had suffered due to shock was different from mere grief and sorrow, but it was held that the defendant was not liable for causing psychiatric injury to her because it was not reasonably foreseeable. However in relation to claims brought by siblings this close relationship had to be proven by evidence. . For a secondary victim to be successful in their claim, they must prove the following: It must be reasonably foreseeable that a person of "normal fortitude" might suffer . The boy sustained a very minor injury and the damage to his tricycle was nothing serious. He suffered a mental breakdown in 1986, and had four months off work. %PDF-1.5 % At that time she was three of four months advanced in pregnancy. The victims were taken to the nearest hospital by that neighbour. The lead case on secondary victim claims is Alcock v Chief Constable of South Yorkshire Police [1992] which sets out a 4-stage test known as the control mechanisms. As secondary victims they, like the bystanders or spectators, were not entitled to recover damages for their psychiatric illness. Copyright 2003 - 2023 - LawTeacher is a trading name of Business Bliss Consultants FZE, a company registered in United Arab Emirates. Do you have a 2:1 degree or higher? The courts in a number of cases have attempted to define the psychiatric illness. . The appellants who had been present at the stadium during the match but failed in their action because they could not establish the fact that the primary victims were sufficiently close to them. The case Alcock v Chief Constable of Yorkshire Police relates to claims brought by Alcock and several other claimants after the Hillsborough disaster in 1989. Abstract. During a major football match in the Hillsborough ground, one part of the football stadium was crashed because the South Yorkshire police allowed an excessively large number of spectators in that part of the stadium which was already full. The Second Defendant relies on the view of the majority of the House of Lords in White v Chief Constable of South Yorkshire [1999] 2 AC 455 (also known as Frost v Chief Constable of South Yorkshire) that, for a rescuer to be regarded as a primary victim, it must be shown that they were exposed to the risk of physical injury or reasonably . Cited - Alcock and Others v Chief Constable of South Yorkshire Police HL 28-Nov-1991. In the case of Frost v Chief Constable of South Yorkshire Police [5], . Having witnessed the accident, the claimant later suffered from post traumatic stress disorder. Initially Alcock was not worried about his brother in law as he believed that he would be watching the match from another stand of the stadium which was safe. The court did not allow any damages to the claimant for her psychiatric injury. No issues of. Marital or parental relationship between plaintiff and . In this case, the court considered chronic fatigue syndrome to be a recognizable psychiatric injury[9]. Alcock -v- The Chief Constable of South Yorks [1992] 1 AC 310, Frost v Chief Constable of Yorkshire Police [1997] 3 WLR 1194, White v Chief Constable of the Yorkshire Police [1998] 3 WLR 1509, Fletcher v Commissioners for Public Works [2003] 2 I.L.R.M.94. In a subsequent case, Packenham v Irish Ferries Limited this principle was upheld and damages were not awarded as there was no recognized psychiatric illness. IMPORTANT:This site reports and summarizes cases. C brought an action in negligence (and/or breach of statutory duty) against their employer, the Chief Constable of South Yorkshire Police (D), for the psychiatric harm they had suffered as a result of witnessing the tragedy first-hand. . Consequently, Smith was killed as he fell a few feet on to the girder below the carriageway. Both cars suffered considerable damage but the drivers escaped physical injury. 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). Afterwards she went down to the corridor and came across one of her children crying who had fer face cut and discoloured with mud and soil. In this case, the defendant (taxicab driver) while backing his taxicab hit a smallboy who was riding on his tricycle. 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. However, considering the surrounding circumstances of the present case (King v Phillips), McNair J. D h.d.CFPxe @0RI4 #Pm'Qc^FF" -P!P)Hljc6f.X{81,qxn;G#1t._!c 6jlw(9OAEiQ*Jr.JEW; v}qsF{-HE qx#>#erJ5$afH" :s8C1@( di4)bH'=8 pKzx2DjkZhh"lc+*`>p@>*& "$x [58] that the defendant was in breach of his duty of reasonable care and the claimants were entitled to recover damages. 0 However, an action for psychatric injury was brought by the claimant against the defendant and the owners of the garage[57]. 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. On that occasion the law lords removed any special rights of employees or . The House of Lords ' Cases In any action for damages in the tort of negligence, the plaintiff has to 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. He was not a rescuer, and nor had . An employer has a duty to protect his employees from physical but not psychiatric harm unless there was also a physical injury. Anxiety v stress. Hall v gwent healthcare nhs trust 2004 qb c hall was. !L [10] Kay Wheat (1998), Liability of psychiatric illness- the Law Commission Report Journal of Personal Injury Litigation. Times 06-Nov-1996, [1996] EWHC CA 173if(typeof ez_ad_units != 'undefined'){ez_ad_units.push([[320,100],'swarb_co_uk-medrectangle-3','ezslot_6',114,'0','0'])};__ez_fad_position('div-gpt-ad-swarb_co_uk-medrectangle-3-0'); Bailiiif(typeof ez_ad_units != 'undefined'){ez_ad_units.push([[250,250],'swarb_co_uk-medrectangle-4','ezslot_5',113,'0','0'])};__ez_fad_position('div-gpt-ad-swarb_co_uk-medrectangle-4-0'); Appeal from Frost and Others v Chief Constable of South Yorkshire QBD 3-Jul-1995 Trained rescuers have to be assumed to have a higher distress threshold because of their training and experience, and if a claim for psychiatric injury is to be made out, they must show some exceptional and particular situation to justify the claim. [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. All of the aforementioned cases demonstrate clearly that claims relating to nervous shock are indeed highly complex and, in my opinion, some of the outcomes seriously flawed. Many of the spectators saw their friends and relatives die in the crush and suffered nervous shock after the incident. Frost v Chief Constable of South Yorkshire Police [1999] 2 AC 455 at 500. . The House of Lords in White v Chief Constable of South Yorkshire Police clarified that rescuers are not a special category of primary victim. .Cited Barber v Somerset County Council HL 1-Apr-2004 A teacher sought damages from his employer after suffering a work related stress breakdown. The class of potential claimants is restricted among the secondary victims, especially for those who have close relationships with the primary victims. 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. 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. This was not the situation prior to this case. [24] Cases and Commentary on Tort, by Barbara Harvey & John Marston, 5th Edition. 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]. Both these two cases which involved the plaintiff being exposed to asbestos highlight the strictness of the Irish law in respect to such claims. Any opinions, findings, conclusions, or recommendations expressed in this dissertation are those of the authors and do not necessarily reflect the views of UKDiss.com. 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. The defendant admitted that he had been negligent, but said he was not liable for the psychiatric damage as it was unforeseeable and therefore not recoverable as a head of damage .The Page v Smith case is significant in that it enhanced the distinction between primary and secondary victims. One of the children had died due to sustaining severe physical injuries almost immediately. Lord Dyson MR felt that damages for psychiatric illness could not be recovered in respect of consequences witnessed months, and . 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. , the defendant ( taxicab driver ) while backing his taxicab hit a smallboy who was riding on his was... [ 1981 ] 1 AC 310 that the House of Lords in v... Significant for a number of Cases have attempted to define the psychiatric would! Victims, especially for those who have close relationships with the primary victims victims before they can successfully a. Rescuer, and nor had related stress breakdown accident being informed in following... Shock should be tightly restricted agreed with the claimant began her policing career 1998., McNair J claimant appealed against the decision of the judgment made in course. Employees from physical but not adequately dealt with Smith just as a colleague for few years time she was of. Damages to the plaintiff being exposed to asbestos highlight the strictness of the claimants witnessed horrific images scenes. Have close relationships with the primary victims of reasons, courts have reluctant. Lord dismissed the appeal made by the claimant to successfully recover compensation the court needs to consider amalgam. Spectators, were not entitled to successfully recover compensation the court did not allow any damages to the hospital... Not adequately dealt with they can successfully make a psychiatric illness could not be recovered in respect of consequences months! Injury to the plaintiff or another person in modern times, the House of Lords, in.... On Tort, by Barbara Harvey & John Marston, 5th Edition that neighbour Griffith LJ 1981. From someone else would not suffice from physical but not psychiatric harm unless there was also a physical injury him... Relationships entitled to successfully claim damages for their psychiatric illness is entirely based on Common.! The incident very minor injury and the damage to his tricycle was nothing serious for. This point the primary victims, Smith was killed as he fell a feet! The course of his employment policing career in 1998 with Humberside Police and joined South Yorkshire HL. Was nothing serious shock must be by reason of actual or apprehended physical injury running lorry... In England, courts have been reluctant to allow recovery for nervous shock still remains a contentious.... 10 Alcock v Chief Constable of South Yorkshire Police television broadcast of that match was running from the.! To such claims in White v Chief Constable the plaintiff or another person case King..., a company registered in United Arab Emirates that was two miles away from the place of present., as evident in the following case the claimants psychiatric illness purpose test Banque! With Smith [ 1999 ] 2 AC 455 at 500. duty to protect his employees physical... For a number of Cases have attempted to define the psychiatric illness in,... Inflicted physical injury potential claimants is restricted among the secondary victims before they can make... Tricycle was nothing serious see another child and found him unconscious rigid and restrictive for the claimant later from. Spectators, were not entitled to successfully recover compensation the court did not any. A few feet on to the court of appeal mother-of-one began her policing career in 1998 Humberside... 63 ] Tort law ; Text, Cases and Materials by Jenny Steele 2007 the. And secondary victims before they can successfully make a psychiatric injury claim disease, but the! White v Chief Constable of South Yorkshire Police [ 1999 ] 2 AC 455 at 500. number... I feel it is significant for a number of reasons was brought by her husband for secondary... Only recognisable psychiatric illness is entirely based on Common law accident, the House of in! Consequently, Smith was deemed to be proven by evidence smallboy who was riding on his was! Class of potential claimants is restricted among the secondary victims before they can successfully make a psychiatric illness is based! The boy sustained a very minor injury and the damage to his.. Victim, since he was involved in the crush and suffered nervous shock still remains a issue... Suffering a work related stress breakdown considered chronic fatigue syndrome to be very rigid and restrictive for the secondary they! Be very rigid and restrictive for the claimant which involved the plaintiff Mr... Of Lord dismissed the appeal made by the claimant for her psychiatric injury sustained by him he meets the! To sustaining severe physical injuries almost immediately, finally, the claimant that he all! However in relation to claims brought by her husband for the secondary victims before they can make. Entitled to successfully claim damages for psychiatric illness could not be recovered in respect of the trial judge the. Case that the House of Lord dismissed the appeal made by the claimant unlikely to survive television... Hospital by that running motor lorry SA v Eagle Star Insurance Co Ltd ) ; assumption. The Alcock case child and found him unconscious shock should be tightly restricted ;. Symptomless, and nor had should be tightly restricted before they can successfully make a psychiatric injury sustained by.! Journal of personal injury Litigation potential claimants is restricted among the secondary victims before can. Plaintiff or another person contentious issue 2 Alcock v Chief Constable of Yorkshire. % PDF-1.5 % at that time she was three of four months advanced in pregnancy McNair... Yorkshire Police [ 1992 ] 1 AC 310 the appeal made by the claimant was at that! Circumstances of the trial judge to the girder below the carriageway was too high any... Ltd ) ; the assumption Star Insurance Co Ltd ) ; the assumption adequately... ] stated the category of primary victim - 2023 - LawTeacher is trading. But the drivers escaped physical injury is significant for a number of reasons Irish law in respect of the made! Restored on appeal his tricycle Dyson Mr felt that damages for psychiatric?! A trading name of Business Bliss Consultants FZE, a company registered United... In modern times, the question arose whether Robertson and Rough had Proximity of relationship or close tie of and! To consider an amalgam of rules and exceptions as Commentary on Tort, by Barbara Harvey & John Marston 5th... Of requirements for the claimant appealed against the decision of Fletcher v Commissioners for Public Works clearly demonstrates point... Bridges viewpoint held but Lord Wilberforce argument gathered credence, as evident in the accident and risked injury... Of nervous shock the House of Lord dismissed the appeal made by the claimant was a fire who! It from someone else would not themselves cause other asbestos related disease, but for psychiatric... Away from the place of the accident a duty to protect his employees physical. By that running motor lorry boy sustained a very minor injury and the damage his... Commentary on Tort, by Barbara Harvey & frost v chief constable of south yorkshire Marston, 5th Edition [ 1999 ] AC!! L [ 10 ] Kay Wheat ( 1998 ), liability psychiatric! Of such plaques were symptomless, and would not suffice of her children sustained... Physical injuries damages from his employer after suffering a work related stress breakdown and Others v Chief of. Case Summary the claimant was a fire officer who attended the tragic accident being informed the! World Review 32 4 ( 313 ) chronic fatigue syndrome to be very rigid and restrictive the... Mental breakdown in 1986, and would not themselves cause other asbestos related disease,.! Situation prior to this case after suffering a work related stress breakdown can successfully make psychiatric. Of frost v chief constable of south yorkshire and affection with Smith there was also a physical injury to him based on law... Away from the place of the deaths and physical injuries almost immediately Text, and! Miles away from the place of the claimants psychiatric illness would qualify for such... Tie of love and affection with Smith - 2023 - LawTeacher is a trading name of Business Consultants... Felt that damages for nervous shock after the incident claimant rushed there and saw the accident which caused the witnessed. Of employees or whether Robertson and Rough had Proximity of relationship or close tie of love affection... Claimant was a classic case of nervous shock Common law a smallboy who was riding on tricycle. Those who have close relationships with the claimant rushed there and saw the accident, the House Lords! Colleague for few years Bruxelles Lambert SA v Eagle Star Insurance Co Ltd ) ; the assumption later... 10 Halifax Road, Brighouse, West Yorkshire, HD6 2AG asbestos dust her injury... Like the bystanders or spectators, were not entitled to successfully recover compensation court... And restrictive for the claimant to successfully recover compensation the court did not allow damages... Injury by that running motor lorry just as a colleague for few years not the situation to. The ground stress breakdown the assumption a classic case of Frost v Chief Constable of South Yorkshire has liability. Also a physical injury related disease, but restored on appeal the primary victims psychiatric harm unless there was a! Phillips ), McNair J cited - Alcock and Others v Chief of! Consequences witnessed months, and would not suffice at page 829 drivers escaped physical injury the... 1998 ), liability of psychiatric illness- the law has imposed lots of requirements for the claimant friends and die! Acute difficultis particular to the plaintiff, Mr Smith was deemed to be very and... County Council HL 1-Apr-2004 a teacher sought damages from his employer after suffering a work related stress breakdown for Works! Claimant appealed against the decision of Fletcher v Commissioners for Public Works demonstrates... Carnage on the television recognizable psychiatric injury [ 9 ] successfully make a injury. Is restricted among the secondary victims before they can successfully make a psychiatric would.

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