MR B HYTNER QC and MR G PLATTS (Instructed by Russell Jones & Walker, Leeds LS1 2HA) appeared on behalf of the Appellant. Test yourself: Multiple choice questions with instant feedback. For questions on access or troubleshooting, please check our FAQs, and if you can't find the answer there, please contact us. 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. A v Chief Constable of South Yorkshire, High Court, 17 July 2008 Share Share Print remove content? Frost v Chief Constable of South Yorkshire Police [1998] Facts This case involved multiple police officers claiming they had suffered mental injury through rescuing the victims of … Please subscribe or login to access full text content. and. 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. . Addressing the issues, as amplified by Liberty's intervention, the Court of Appeal by a majority (Lord Woolf CJ and Waller LJ) upheld for somewhat different reasons the decision of the Divisional Court: Regina (S) v Chief Constable of the South Yorkshire Police; Regina (Marper) v Chief Constable of South Yorkshire Police [2002] 1 WLR 3223. 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. 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. 2020. For questions on access or troubleshooting, please check our FAQs, and if you can't find the answer there, please contact us. The full text of the House of Lords judgment in this case is available free of charge on the BAILII website; Case Summary PRINTED FROM OXFORD LAW TROVE (www.oxfordlawtrove.com). All the plaintiffs lost, or feared they … Public users are able to search the site and view the abstracts and keywords for each book and chapter without a subscription. South Yorkshire Police had been responsible for crowd control at the football match and had been negligent in directing an excessively large number of spectators to one … Alcock v Chief Constable of South Yorkshire Police - Wikipedia They state, at pp. 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- … Copyright © In the Court of Appeal Rose L.J. The document also included supporting commentary from author Craig Purshouse. Walter Mein Duncan. Facts. Mustapha v Culligan. Essential Cases: Tort Law provides a bridge between course textbooks and key case judgments. 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. 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. Critically discuss this statement considering the development in this area of Tort Law… This case document summarizes the facts and decision in Frost (or White) v Chief Constable of South Yorkshire Police [1999] 2 AC 455. 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. 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. PRINTED FROM OXFORD LAW TROVE (www.oxfordlawtrove.com). © Oxford University Press, 2018. Judgement for the case White v Chief Constable of South Yorkshire. Personal injury damagesmay include the head of damage for pain and suffering, including mental, if it flows from the original physical injury. Copyright © and. All rights reserved. Please subscribe or login to access full text content. 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. 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. 540. Frost v Chief Constable of South Yorkshire and others. 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). A claimant who has suffered psychiatric damage (previously referred to as nervous shock) may make a claim in Negligence. Mr Hytner submits, as he successfully in the result submitted in Frost v. Chief Constable of South Yorkshire Police [1997] 3 W.L.R. 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 … . Page -v- Smith [1995] 2 All ER 736 at 759, 761 per Lord Lloyd. Judgement for the case White v Chief Constable of South Yorkshire. Dooley v Cammell Laird [1951] 1 Lloyd's Rep 271. Frost and Others v Chief Constable of South Yorkshire Police and Others (1996) The Times, 6 November, CA Filters. . Published 13 April 2017 From: HM Courts & Tribunals Service and Employment Tribunal. 1 See Alcock v Chief Constable of South Yorkshire Police [1992] 1 AC 310; Hicks v Chief Constable of the South Yorkshire Police [1992] 2 All ER 65. 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. 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. 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 … Frost and Others. The claimants were all people who suffered psychological harm as a result of witnessing the Hillsborough disaster. 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. White v Chief Constable of the Yorkshire Police [1998] 3 WLR 1509. Essential Cases: Tort Law provides a bridge between course textbooks and key case judgments. In 2005, a duly qualified medical practitioner decided that K was disabled and that that was likely to be permanent. Primary victims have to be within the zone of danger of physical impact. In this chapter, I argue that Alcock was an essentially conservative and. 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. In this chapter, I argue that Alcock was an essentially conservative . Mrs R Usher v Chief Constable of South Yorkshire Police: 1801027/2014 Employment Tribunal Decision. Download Citation | 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. Access to the complete content on Law Trove requires a subscription or purchase. The rules are refined to take account of the special nature of psychiatric damage, compared to personal injury or damage to property. Fletcher v Commissioners for Public Works [2003] 2 I.L.R.M.94. 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. ... A cold start to the day across Yorkshire, with a widespread frost … Defendants. Frost and Others v Chief Constable of South Yorkshire Police and Others (1996) The Times, 6 November, CA ; Frost and Others v Chief Constable of South Yorkshire Police and Others (1996) The Times, 6 November, CA. and. Walter Mein Duncan. 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. 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 OF THE … 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. 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). You could not be signed in, please check and try again. 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). House of Lords (Lord Browne-Wilkinson, Lord Griffiths, Lord Goff of Chieveley, Lord Steyn and Lord Hoffmann) 3 December 1998 This case is cited by: Appeal from – Frost and Others v Chief Constable of South Yorkshire and Others CA 31-Oct-1996. 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. Whether the degree of love and affection is such that defendant should have forseen shock and harm to the loved one of the victim. Frost v Chief Constable of South Yorkshire Police [1999] 2 AC 455. All rights reserved. Alcock & ors v Chief Constable of South Yorkshire [1992] AC 310 House of Lords. Plaintiffs. 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 … Plaintiff. Essential Cases: Tort Law provides a bridge between course textbooks and key case judgments. 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 Nottingham Forest in 1989. 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. The document also included supporting commentary from author Craig Purshouse. South Yorkshire Police's Chief Constable has been suspended in the wake of the Hillsborough inquest findings. 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’. Frost v Chief Constable of Yorkshire Police [1997] 3 WLR 1194. Angel v Chief Constable of South Yorkshire 1. Alcock v Chief Constable of South Yorkshire Police - Wikipedia They state, at pp.
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
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