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]. The document also included supporting commentary from … This case document summarizes the facts and decision in Robinson v Chief Constable of West Yorkshire [2018] UKSC 4. 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. Rescuers are now to be given no favourable treatment. He had committed 13 murders and 8 attempted murders over a five year period. 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 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] Judgement for the case White v Chief Constable of South Yorkshire. Ctrl + Alt + T to open/close. Cited – Alcock and Others v Chief Constable of South Yorkshire Police HL (Gazette 22-Jan-92, lip, [1991] 3 WLR 1057, Times 29-Nov-91, [1992] 1 AC 310, Bailii, [1991] UKHL 5) The plaintiffs sought damages for nervous shock. Before Robinson v Chief Constable of West Yorkshire, the law on public authority negligence liability was confused. Facts. On the policy-based approach, a duty of care would only be found if it was fair, just and reasonable to impose liability. ON APPEAL FROM ORDER OF MR JUSTICE WALLER. 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). The House of Lords in White v Chief Constable of South Yorkshire Police clarified that rescuers are not a special category of primary victim. The case centred upon the liability of the police for the nervous shock suffered in consequence of the events of the Hillsborough disaster. 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. 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. 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 … Essential Cases: Tort Law provides a bridge between course textbooks and key case judgments. 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. 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). This case document summarizes the facts and decision in Frost (or White) v Chief Constable of South Yorkshire Police [1999] 2 AC 455. The document also included supporting commentary from author Craig Purshouse. He is deeply traumatised and develops post-traumatic stress disorder (PTSD). Whether the degree of love and affection is such that defendant should have forseen shock and harm to the loved one of the victim. He can claim damages for personal injury as a secondary victim. 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. All but one were ultimately unsuccessful. Vincent [1996] EWCA Civ J1031-12 . 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) . Legal updates on this case; Links to this case ; Content referring to this case; Legal updates on this case. Neither are employees: White & Ors v Chief Constable of South Yorkshire [1998] 3 WLR 1509 Case summary . 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. 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). Alcock & ors v Chief Constable of South Yorkshire [1992] AC 310 House of Lords. 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. 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. Facts. 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. This case document summarizes the facts and decision in Frost (or White) v Chief Constable of South Yorkshire Police [1999] 2 AC 455. Michael v Chief Constable of South Wales [2015] UKSC 2. The above judgment in White v The Chief Constable allowed the defendants' appeal against the 1997 Court of Appeal decision in Frost & Ors. HL dismissed … White v Chief Constable of South Yorkshire Police 1999. The law adopts a restrictive approach in awarding damages for negligently inflicted psychiatric injury. Essential Cases: Tort Law provides a bridge between course textbooks and key case judgments. 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. Police officers claiming for PTSD as a result of attending the Hillsborough disaster. This was a test case brought by 16 relatives and friends of some of the victims. 4 policeman (Ps) sued R (chief officer responsible at Hillsborough) for causing them nervous shock through his negligence in allowing the accident to occur. A pedestrian … 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’. 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. The claimant was not physically injured but feared for her safety and suffered shock. Early development. The document also included supporting commentary from author Craig Purshouse. Case: White v Chief Constable of South Yorkshire [1998] UKHL 45. However this position was changed in White v Chief Constable of South Yorkshire. LORD … 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. The Court of Appeal The claimants were the parents and children of Joanna Michael, who had been murdered by her former partner. Psychiatric Injury: Taking a look at secondary victim claims ‘de Novo’ Hardwicke Chambers | Personal Injury Law Journal | June 2015 #136. IN THE SUPREME COURT OF JUDICATURE. 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. 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. A horse and cart crashed into the pub. Essential Cases: Tort Law provides a bridge between course textbooks and key case judgments. The case centred upon the liability of the police for the nervous shock suffered in consequence of the events of the Hillsborough disaster 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] … Tim has to meet the primary or secondary victim requirements in order for his claim to be successful. It is not possible to effectively legislate on the Law Commission's recommendations. White and Others v Chief Constable of South Yorkshire Police and Others. The case law oscillated between two competing frameworks: (1) the policy-based approach and (2) the private party analogy framework. She gave birth prematurely nine days later and the child suffered developmental problems. I agree that for the reasons they give these appeals should be allowed and the actions dismissed. ON APPEAL FROM ORDER OF HIS HONOUR … On 5 August 2009 at 2.29am, Ms Michael dialled 999 requesting police protection from her historically aggressive ex-boyfriend. 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. 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. 3 Frost v Chief Constable of South Yorkshire Police [1997] 3 WLR 1194. 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. He told her that he was going to kill her. 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. 2 Alcock v Chief Constable of South Yorkshire Police [1992] 1 AC 310. Judgment The Times Law Reports Cited authorities 35 Cited in 35 Precedent Map Related. Practical Law Case Page D-029-0441 (Approx. 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. Michael and others v The Chief Constable of South Wales Police and another. 3. IN THE COURT OF APPEAL (CIVIL DIVISION. 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)). Walker v Northumberland County Council [1995] Established that … It’s not enough to claim for mere grief or normal shock. 17 Feb 2015 . , just and reasonable to impose liability 16 relatives and friends of some the! Between two competing frameworks: ( 1 ) the private party analogy framework the claimants were the parents children! And suffered shock not possible to effectively legislate on the Law adopts a restrictive in... 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