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. The Chief Constable of South Yorkshire Police and Ors. The rules are refined to take account of the special nature of psychiatric damage, compared to personal injury or damage to property. Frost and Others. 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. For questions on access or troubleshooting, please check our FAQs, and if you can't find the answer there, please contact us. 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. (Times 06-Nov-96, , [1996] EWHC CA 173) 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 The case centred upon the liability of the police for the nervous shock suffered in consequence of the events of the Hillsborough disaster . Are you sure you want to remove this item from you pinned content? Essential Cases: Tort Law provides a bridge between course textbooks and key case judgments. 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. MR B HYTNER QC and MR G PLATTS (Instructed by Russell Jones & Walker, Leeds LS1 2HA) appeared on behalf of the Appellant. 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. 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. 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?" 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). Frost and Others v Chief Constable of South Yorkshire Police and Others (1996) The Times, 6 November, CA 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. 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. The claimants were all people who suffered psychological harm as a result of witnessing the Hillsborough disaster. and. 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. Ibid, at 576. In this chapter, I argue that Alcock was an essentially conservative 4 policeman (Ps) sued R (chief officer responsible at Hillsborough) for causing them nervous shock through his negligence in allowing the accident to occur. Test yourself: Multiple choice questions with instant feedback. Published 13 April 2017 From: HM Courts & Tribunals Service and Employment Tribunal. He had committed 13 murders and 8 attempted murders over a five year period. Rothwell v Chemical Insulating Co: Grieves v FT Everard & Sons Ltd . . and. The document also included supporting commentary from author Craig Purshouse. You could not be signed in, please check and try again. The document also included supporting commentary from author Craig Purshouse. 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. Walter Mein Duncan. 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). ... Continue reading "Case Report: RE v Calderdale and Huddersfield NHS Foundation Trust [2017] EWHC 824 (QB)" This post is only available to members. Public users are able to search the site and view the abstracts and keywords for each book and chapter without a subscription. The document also included supporting commentary from author Craig Purshouse. The case centred upon the liability of the police for the nervous shock suffered in consequence of the events of the Hillsborough disaster. 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. 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. 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 … Public users are able to search the site and view the abstracts and keywords for each book and chapter without a subscription. Access to the complete content on Law Trove requires a subscription or purchase. 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. Therefore the psychiatric damage rules apply where there is no physical injury. Personal injury damagesmay include the head of damage for pain and suffering, including mental, if it flows from the original physical injury. House of Lords (Lord Browne-Wilkinson, Lord Griffiths, Lord Goff of Chieveley, Lord Steyn and Lord Hoffmann) 3 December 1998 Frost v Chief Constable of South Yorkshire Police. 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. 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. . HOUSE OF LORDS: SESSION 2003-04 [2004] UKHL 39 on appeal from: [2002] EWCA Civ 1275 [2002] 1 WLR 3223: OPINIONS. Copyright © The Facts. Alcock & ors v Chief Constable of South Yorkshire [1992] AC 310 House of Lords. A v Chief Constable of South Yorkshire, High Court, 17 July 2008 Share Share Print remove content? 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’. 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 [1998] SLJS 121. Judgement for the case White v Chief Constable of South Yorkshire. and. A claimant who has suffered psychiatric damage (previously referred to as nervous shock) may make a claim in Negligence. Keywords: rescue; compensation for hillsborough rescuers. Frost and Others. This case document summarizes the facts and decision in 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. Plaintiffs. Broadened definition of primary victim includes people who involuntarily and blamelessly (almost) kill/injure others. Three requirements to claim mental injury as a secondary victim. Access to the complete content on Law Trove requires a subscription or purchase. 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. 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