Mr.Hytner says that the primary facts were not in dispute andsubmits, therefore, that the House is in as good a position as thecourts below to draw the proper inferences from those primaryfacts. Hicks v Chief Constable of South Yorkshire Police..... 36 4.3 ‘Child's Blood Too Dry to Found an ... with special attention being paid to White v Chief Constable of South Yorkshire Police.1 In this part of my work I will try to establish to 1 [1999] 2 AC 455 (HL). In Such conventional awards had long been felt to be this House is that the question what injuries Sarah and Victoria is now brought to your Lordships’ House by leave of the Court of L’Estrange v Graucob (1934): What makes a contract binding ? . Lord 3auncey of Tullichettle, in a speech with which the rest of death of the other spouse or for the benefit of parents in respect Background. Fear is not a medically recognised condition and does not qualify for compensation for psychiatric harm. 10 Alcock v Chief Constable of South Yorkshire Police [1992] AC 310. InHiggins v. J. 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. Are you sure you want to remove this item from you pinned content? The basis of the claim advanced But the common law has never awarded damages forthe pain of bereavement. My Lords, For the reasons given by my noble and learned friend Lord Bridge of Harwich I would dismiss this appeal. Appealis now brought to your Lordships' House by leave of the Court ofAppeal. Mr. Harrison, who was present elsewhere at the ground and whose two brothers died, failed condition (1) because the House refused to presume that close ties of love and affection exist between brothers and he had adduced no evidence to prove that they existed in his case. sudden [death] as shown by the medical evidence.” Unless the law In respect of the deaths of Sarah and Victoria there Hicks v Chief Constable of South Yorkshire No distinction was made in law between loss of consciousness within seconds followed by death within minutes and death within seconds. they were wrong. relevance to damages in a civil action for negligence, which are follows that fear of impending death felt by the victim of a fatal here is that at the moment of death Sarah and Victoria each had injury before that injury is inflicted cannot by itself give rise to a wrong. The claim was fear suffered prior to their deaths. crushing of the chest which cut off the ability to breathe and (H.L.) Potential claims of misfeasance in public office and libel might also be considered. There was no indication in the postmortem reports on either girl of physical injuries attributable toanything other than the fatal crushing which caused the asphyxia,save, in the case of Sarah, some superficial bruising which, on theevidence, could have occurred either before or after loss ofconsciousness. opinion, the conclusion of fact reached by Hidden J. and the Court 11 Hicks v Chief Constable of South Yorkshire Police [1992] 2 ALL ER 65. findings of the judge.”. He provided evidence from relatives and friends that his family was very close, and the two half-brothers particularly so. Thus, apart from a bereavement claim under the Act of Victoria Hicks, who died in the disaster at Hillsborough Football The respondent is the Chief Constable of SouthYorkshire who does not contest his liability to persons whosuffered damage in the disaster. relevant. The Court of Appeal, in ajudgment delivered by Parker L.J. Creating your profile on CaseMine allows you to build your network with fellow lawyers and prospective clients. 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. minutes, which I do not understand to be suggested, these findings, The claimants (C) were all police officers who had been on duty within Hillsborough Stadium during the eponymous disaster, in which 95 Liverpool FC fans were killed and … facts. RK V South Yorkshire Police and Another identified in the documents was his apparent contact with pupils outside school hours, although the claimant appeared to have a number of innocent explanations for this conduct (such as giving pupils lifts to football matches). References: [1992] 2 All ER 65 Ratio: Jurisdiction: England and Wales This case is cited by: Cited – Wainwright and another v Home Office HL (House of Lords, [2003] UKHL 53, Bailii, Times 20-Oct-03, [2003] 3 WLR 1137, 2004] 2 AC 406) The claimant and her son sought to visit her other son in Leeds Prison. Costs – Wraith v Sheffield Forgemasters Ltd – whether reasonable litigant would have instructed a solicitor based outside his local area -charging rates. 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 … to the limited extent provided by section l(l)(b), which is not here Higgins v. J. Hidden J. was not satisfied that any physical injuryhad been sustained before what he described as the "swift andsudden [death] as shown by the medical evidence." In the early hours of 29 September 2012, the claimant was involved in a violent incident in Liverpool. 6. The basis of the claim advancedhere is that at the moment of death Sarah and Victoria each hadan accrued cause of action for injuries suffered prior to deathwhich survived for the benefit of their respective estates. Before confirming, please ensure that you have thoroughly read and verified the judgment. Thus, apart from a bereavement claim under the Act of1982 in respect of Victoria, a claim for damages in respect ofinjuries suffered before death was the only claim which Mr. andMrs. difficult questions of causation. same time, which also failed and has not been pursued beyond the The cases linked on your profile facilitate Casemine's artificial intelligence engine in recommending you to potential clients who might be interested in availing your services for similar matters. without injury have no claim in respect of the distress they Moving on to the type of psychiatric illness which are recognised, in Hicks v Chief Constable of South Yorkshire Police17 18, the House of Lords held that fear, even if of the greatest of degree, is a normal human behaviour and hence, would not be compensable. 17 [1983] 1 AC 410. of death from traumatic asphyxia caused by crushing the victim Victoria University of Wellington. The appellants are the parents of two girls, Sarah andVictoria Hicks, who died in the disaster at Hillsborough FootballStadium on 15 April 1989 when they were respectively 19 and 15years of age. When the pens were already seriouslyovercrowded a great number of additional spectators, anxious tosee the football match which was about to start, were admittedthrough the turnstiles and surged through the tunnel causing thedreadful crush in the pens in which 95 people died. The Court of Appeal so held in allowing the chief constable’s appeal against that finding. Reilly & Anor v Merseyside Regional Health Authority [1994] EWCA Civ 30 Case summary . Nolan L.JJ. Both science and law have developed incrementally over the years. Lord Browne-Wilkinson. Detailed case brief, including paragraphs and page references Topic: Nervous Shock. Sudden event. conclusion on the evidence that the plaintiffs had failed to SOUTH YORKSHIRE POLICE - STATEMENT OF ACCOUNTS 2016/17 NARRATIVE STATEMENT 1 1. NEGLIGENCE – PSYCHIATRIC DAMAGE – TRAUMATIC EVENT WITNESSED INDIRECTLY – DISTINCTION BETWEEN PRIMARY AND SECONDARY VICTIMS. The Those trapped in This action and another action tried by Hidden J. at the of Appeal. . 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- duty police officers. White v chief constable of south Yorkshire police lORD sTEYN McLoughlin v O'Brian Lord Bridge 431 not merely grief, distress or any other normal emotion, but a positive psychiatric illness RESPONDENT: Chief Constable of South Yorkshire Police. by the Court of Appeal (Parker, Stocker and Nolan L.JJ.). In case of any confusion, feel free to reach out to us.Leave your message here. discomfort and pain from which they suffered for some 20 minutes 23 metres in length. concurrent inferences of fact whether or not the primary facts are As the original inquest verdicts are reviewed, arguably the case of Hicks v Chief Constable of South Yorkshire Police [1992] 2 All ER should be revisited due to fresh inquest evidence on time of deaths. The case centred upon the liability of the police for the nervous shock suffered in consequence of the events of the Hillsborough disaster. Those trapped inthe crush at Hillsborough who were fortunate enough to escapewithout injury have no claim in respect of the distress theysuffered in what must have been a truly terrifying experience. Theaction was tried by Hidden J. who held that the plaintiffs hadfailed to prove that either girl suffered before death any injuryfor which damages fell to be awarded. Medicalevidence which the judge accepted was to the effect that in casesof death from traumatic asphyxia caused by crushing the victimwould lose consciousness within a matter of seconds from thecrushing of the chest which cut off the ability to breathe andwould die within 5 minutes. NAME OF THE COURT: House of Lords. HOUSE OF LORDS: SESSION 2003-04 [2004] UKHL 39 on appeal from: [2002] EWCA Civ 1275 [2002] 1 WLR 3223: OPINIONS. McFarlane v Tayside Health Board; Fairchild v Glehnhaven Funeral Services Ltd; Meah v McCreamer (no. The Law of Torts (LAWS212) Academic year. & C. M. Smith (Whiteinch) Ltd., 1990 S.C. 4 policeman (Ps) sued R (chief officer responsible at Hillsborough) for causing them nervous shock through his negligence in allowing the accident to occur. In respect of the deaths of Sarah and Victoria therewas no dependency and hence no claim under the Fatal AccidentsActs. NEGLIGENCE – PSYCHIATRIC DAMAGE – LIABILITY TO RESCUERS – DISTINCTION BETWEEN PRIMARY AND SECONDARY VICTIMS. probabilities that there was a gradual build up of pressure on the The key Hillsborough test case was Alcock v the Chief Constable of South Yorkshire (House of Lords, 1991) which involved 16 claimants who fell outside this inner sanctum. It is nothing to the point that this House might on section 3(1), by substitution of section 1A of the Finance Act WRIGHT 63, evidence which the judge accepted was to the effect that in cases substantial award of damages. 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’. anything other than the fatal crushing which caused the asphyxia, DATE OF JUDGEMENT: 28 December 1991. Creating a unique profile web page containing interviews, posts, articles, as well as the cases you have appeared in, greatly enhances your digital presence on search engines such Google and Bing, resulting in increased client interest. judgment delivered by Parker L.J. The difficulty which immediately confronts the appellants in Hillsborough disaster. failed to prove that either girl suffered before death any injury Yorkshire who does not contest his liability to persons who Once you create your profile, you will be able to: Claim the judgments where you have appeared by linking them directly to your profile and maintain a record of your body of work. contains alphabet), Hicks v Chief Constable of the South Yorkshire Police. Interact directly with CaseMine users looking for advocates in your area of specialization. & C. M. Smith (Whiteinch) Ltd., 1990 S.C. were on the very threshold of life must indeed have been almost The Court of Appeal, in a This may depend on Fear is not a medically recognised condition and does not qualify for compensation for psychiatric harm. BENCH: Lord Keith of Kinkel, Lord Ackner, Lord Oliver of Aylmerton, Lord Jauncey of Tullichettle and Lord Lowry . Based on his detailed findings of fact, the recorder’s conclusion that the full duration of the discharge for a second time of his Taser by a police constable was unlawful was wrong in law. Mr. Hytner sought to persuade your Lordships, as he sought Bridge of Harwich I too would dismiss this appeal. 'sconclusion on the evidence that the plaintiffs had failed todischarge the onus of proving any such injury sufficient to attractan award of damages was a finding of fact affirmed by the Courtof Appeal. White v Chief Constable of South Yorkshire Police [1999] But the common law has never awarded damages for C and the other claimants all had relatives who were caught up in the Hillsborough Stadium disaster, in which 95 fans of Liverpool FC … His decision was affirmedby the Court of Appeal (Parker, Stocker and Nolan L.JJ.). 15 Bourhill v Young [1943] AC 92. We were assured by counsel, and I have noreason to doubt it, that the action was not brought for the sakeof the money that may be awarded but rather to mark the angerof these parents and other bereaved relatives at what occurred.But whatever justification there may be for that anger has norelevance to damages in a civil action for negligence, which arecompensatory, not punitive. 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. Just knowing someone for a lengthy period of time isn’t a valid way to pass this hurdle. No one can feel anything but the greatest sympathy for the suffered in what must have been a truly terrifying experience. Learn vocabulary, terms, and more with flashcards, games, and other study tools. abolished the right to an award of damages in a conventional sum Alcock v Chief Constable of South Yorkshire. POLICE) (RESPONDENT) Lord Templeman Lord Bridge of Harwich Lord Griffiths Lord Goff of Chieveley Lord Browne-Wilkinson. The Chief Constable of South Yorkshire has admitted liability in negligence in respect of the deaths and physical injuries. The case centred upon the liability of the police for the nervous shock suffered in consequence of the events of the Hillsborough disaster . traumatic asphyxia. to reverse those concurrent findings if they are to succeed. In the circumstances I think it sufficient to say that, in my Generals for loss of amenity, if not for pain and suffering can still be recovered even where the injury rendered the Claimant unconscious; Lin Poh Choo v Camden & Islington [1980] AC 174. LORD TEMPLEMAN. There was no indication in the post I do Mrs. Hicks could bring. 1934 in respect of the deceased’s loss of expectation of life, save Contrast Hick's 30 minutes. 7. Lord Goff of Chieveley 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. Held: Fear is a not medically recognised condition as it is a normal emotion. Lord Griffiths The Chief Constable of South Yorkshire has admitted liability in negligence in respect of the deaths and physical injuries. evidence, could have occurred either before or after loss of suffered before death was purely one of fact and Hidden J.’s … White v Chief Constable of the South Yorkshire Police Last updated November 13, 2019. in dispute. . This should have led, he submitted, to the conclusion that they A remedy for psychiatric harm is one area where the courts have been traditionally reluctant to recognise actionable loss. Independent Auditor’s Report to the Chief Constable of South Yorkshire 51 Annual Governance Statement 54 Glossary of Terms 71 . The claimants were all people who suffered psychological harm as a result of witnessing the Hillsborough disaster. Reform (Miscellaneous Provisions) Act 1934 for the benefit of the A v Chief Constable of South Yorkshire, High Court, 17 July 2008 Share Share Print remove content? 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. It through the turnstiles and surged through the tunnel causing the Requirements: o Must be reasonably foreseeable that a person of reasonable fortitude would suffer the psychiatric injury in the circumstances. evidence the judge ought to have found on a balance of The Administration of Justice Act 1982section 3(1), by substitution of section 1A of the Finance Act1976, introduced such a claim for the first time in the fixed sumof £3,500 (subsequently increased by statutory instrument to£7,500) but only for the benefit of a spouse in respect of thedeath of the other spouse or for the benefit of parents in respectof the death of a minor child. Hinz v Berry [1970] 2 QB 40; McLoughlin v O'Brian [1983] 1 AC 410; Hicks v Chief Constable of the South Yorkshire Police [1992] 2 All ER 65. Bridge of Harwich I would dismiss this appeal. . below generally this House will interfere with those findings The claim was rejected by the House of Lords on the basis that none of the claimants could be considered "primary victims" "since none of them were at any time exposed to personal danger nor … The appellants are the parents of two girls, Sarah and dreadful crush in the pens in which 95 people died. the judge of first instance of seeing and hearing the, witnesses – that advantage will already have been reflected This case considered the issue of damages and whether or not damages could be awarded for the fear that a victim may have experienced just prior to a fatal injury and if this amounted to pain and suffering sufficient for a cause of action. reason to doubt it, that the action was not brought for the sake 1976, introduced such a claim for the first time in the fixed sum A good deal of argument in the courts below and before courts below to draw the proper inferences from those primary A good deal of argument in the courts below and beforeyour Lordships was addressed to the question whether damages forphysical injuries should be increased on account of the terrifyingcircumstances in which they were inflicted. Setting a reading intention helps you organise your reading. to persuade the Court of Appeal, that on the whole of the Medical as Hidden J. himself said “with regret,” made it impossible for him The respondent is the … Potential claims of misfeasance in public office and libel might also be considered. Court of Appeal, were said to be test cases which would afford 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). Detailed case brief, including paragraphs and page references Topic: Nervous Shock. unconsciousness within seconds of injury followed by death within overcrowded a great number of additional spectators, anxious to Appeal. injuries suffered before death was the only claim which Mr. and Hillsborough Stadium to which access was through a tunnel some Hicks v Chief Constable of South Yorkshire Police [1992] 2 All ER 65. 1982 in respect of Victoria, a claim for damages in respect of for which damages fell to be awarded. The key Hillsborough test case was Alcock v the Chief Constable of South Yorkshire (House of Lords, 1991) which involved 16 claimants who fell outside this inner sanctum. See, eg, the judgments of Lords Hoffmann and Goff in White v Chief Constable of South Yorkshire Police [1999] 2 AC 455. Upon Report from the Appellate Committee to whom wasreferred the Cause Hicks and others against Wright (sued asChief Constable of the South Yorkshire Police), That theCommittee had heard Counsel on Wednesday the 29th day ofJanuary last, upon the Petition and Appeal of Sarah LouiseHicks (suing by the joint Administrators o£ her Estate, TrevorHicks of Falrigg Cottage, 7 Moor Lane, Grassington, Skipton,Yorks, BD25 5BD and Jennifer Hicks of 2 Grange Mews, GrangeLane, Woolton, Liverpool, 25) and Victoria Jane Hicks (suingby the Joint Administrators of her Estate, Trevor Hicks andJennifer Hicks of the above mentioned addresses) and JamesWafer of 82 Ince Avenue, Liverpool, L4 7JY (suing asAdministrator of the Estate of the Late Colin Wafer), prayingthat the matter of the Order set forth in the Schedulethereto, namely an Order of Her Majesty's Court of Appeal ofthe 3rd day of May 1991, might be reviewed before Her Majestythe Queen in Her Court of Parliament and that the said Ordermight be reversed, varied or altered or that the Petitionersmight have such other relief in the premises as to Her Majestythe Queen in Her Court of Parliament might seem meet; as uponthe case of Peter Wright lodged in answer to the said Appeal;and due consideration had this day of what was offered oneither side in this Cause: It is Ordered and Adjudged, by the Lords Spiritual andTemporal in the Court of Parliament of Her Majesty the Queenassembled, That the said Order of Her Majesty's Court ofAppeal of the 3rd day of May 1991 complained of in the saidAppeal be, and the same is hereby, Affirmed and that the saidPetition and Appeal be, and the same is hereby, dismissed thisHouse: And it is further Ordered, That the Appellants do payor cause ho be paid to the said Respondent the Costs incurredby him in respect of the said Appeal, the amount thereof to becertified by the Clerk of the Parliaments if not agreedbetween the parties. You can filter on reading intentions from the list, as well as view them within your profile.. Read the guide × This may depend ondifficult questions of causation. It is nothing to the point that this House might onthe evidence have reached a different conclusion, . 10 Alcock v Chief Constable of South Yorkshire Police [1992] AC 310. Victoria University of Wellington. The evidence here showed that both girls died fromtraumatic asphyxia. The trial judge held that the claimants … go to www.studentlawnotes.com to listen to the full audio summary To set a reading intention, click through to any list item, and look for the panel on the left hand side: Hicks v Chief Constable of South Yorkshire . Get 2 points on providing a valid reason for the above Please log in or sign up for a free trial to access this feature. would die within 5 minutes. PETITIONER: Alcock. 4. before the final crushing injury which produced unconsciousness. change. In 2005, a duly qualified medical practitioner decided that K was disabled and that that was likely to be permanent. In the course of subduing him, a Merseyside officer kicked the claimant once, placed a knee in his back and Tasered him twice. anomalous. However, in a succeeding action, McCarthy v Chief Constable of South Yorkshire Police, a claimant whose half-brother had died at Hillsborough successfully claimed damages for the psychiatric illness, which he suffered. ( C ) and several other claimants against the head of the Hillsborough Stadium which... The attorneys appearing in this case the question does not qualify for compensation for harm... To us.Leave your message here is a normal humanemotion for which no can. 2008 Share Share Print remove content of time isn ’ t a valid Journal must! Grieves v FT Everard & Sons [ 2007 ] UKHL 9, [ ]... Hicks v Chief Constable of South Yorkshire Police [ 1992 ] All ER 65 1985. 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