10 Alcock v Chief Constable of South Yorkshire Police [1992] AC 310. 133. All this contributes to the intricacy of the legal maze, but two definitions given by Lord Oliver in Alcock v Chief Constable of the South Yorkshire Police [ 1992] are sufficient for present purposes: a primary victim is someone ‘who is involved either mediately or immediately as a … The Judicial Committee of the House of Lords, consisting of Lord Keith of Kinkel, Lord Ackner, Lord Oliver of Aylmerton, Lord Jauncey of Tullichettle, and Lord Lowry has established a number of "control mechanisms" or conditions that had to be fulfilled in order for a duty of care to be found in such cases. This question requires looking at the tort of psychiatric injury. Before offering any conclusive opinion, there will be a contextual look at the history behind the formation of nervous shock as a right of claim, followed by an examination of current jurisprudence as expressed in the domestic and international courts. Alcock concerned psychiatric harm caused by the Hillsborough disaster of 1989. POLICE)(RESPONDENT) (CONSOLIDATED APPEALS) Lord Keith of KinkelLord AcknerLord Oliver of AylmertonLord Jauncey of TullichettleLord Lowry. In the landmark case of Alcock v. Chief Constable of South Yorkshire Police24, Lord Oliver sets out the distinction between primary and secondary victims, whereby primary victims are those who are involved either mediately or immediately as a participant and secondary victims being those who are passive and unwilling witness of injury caused to others. NEGLIGENCE – PSYCHIATRIC DAMAGE – TRAUMATIC EVENT WITNESSED INDIRECTLY – DISTINCTION BETWEEN PRIMARY AND SECONDARY VICTIMS. White v Chief Constable of the South Yorkshire Police, https://en.wikipedia.org/w/index.php?title=Alcock_v_Chief_Constable_of_South_Yorkshire_Police&oldid=954268837, Creative Commons Attribution-ShareAlike License, Negligence, nervous shock, primary and secondary victims, The claimant who is a "secondary victim" must perceive a "shocking event" with his own unaided senses, as an eye-witness to the event, or hearing the event in person, or viewing its "immediate aftermath". Citations: [1992] 1 AC 310; [1991] 3 WLR 1057; [1991] 4 All ER 907; [1992] PIQR P1; (1992) 89(3) LSG 34; (1991) 141 NLJ 166. Alcock and Others v Chief Constable of South Yorkshire Police. The plaintiffs in this case were mostly secondary victims, i.e. American Diagnostic and Statistical Manual … Of the claimants, most had not been present in the stadium at the time of the disaster and none had been in physical risk. Most had sustained psychiatric injuries after learning of the events by television or radio. Peter Raymond Oliver, Baron Oliver of Aylmerton, PC (7 March 1921 – 17 October 2007) was a British judge and barrister.. Oliver was born in Cambridge, where his father, David Thomas Oliver, was a professor of law and fellow of Trinity Hall, Cambridge.He was educated at The Leys School, Cambridge and Trinity Hall, Cambridge, graduating with a starred First in law in 1941. Lord Keith of Kinkel . [2] Although reform has been widely advocated and a legislative proposal to mitigate some of the effects of Alcock was drafted by the Parliamentary Law Commission in 1998, the decision in Alcock represents the state of the law in the area of liability for psychiatric harm as it currently stands. Answer One. So a claimant who develops a depression from living with a relative debilitated by the accident will not be able to recover damages. BENCH: Lord Keith of Kinkel, Lord Ackner, Lord Oliver of Aylmerton, Lord Jauncey of Tullichettle and Lord Lowry . However, once it is shown that some psychiatric damage was foreseeable, it does not matter that the claimant was particularly susceptible to psychiatric illness - the defendant must "take his victim as he finds him" and pay for all the consequences of nervous shock (see, This page was last edited on 1 May 2020, at 15:00. Alcock v Chief Constable of South Yorkshire House of Lords. You can download the paper by clicking the button above. 9. Negligence: - Actionable damage-When does a mental impact qualify as actionable damage?- Duty of care-When will D owe a duty of care to avoid causing psychiatric injury?- Breach of duty - Causation - Defences Development of liability for nervous shock:. The impact of this on the area of law once described as a '"patchwork quilt of distinctions which are quite difficult to justify"[1] is significant because the decision made by the Law Lords was heavily influenced by the greater social concern of allowing a flood of claims with which the judicial system would not be able to cope (the "floodgates argument"). (PDF) Alcock v Chief Constable of South Yorkshire Police (1991) | Donal Nolan - Academia.edu This chapter considers the landmark decision in Alcock v Chief Constable of South Yorkshire Police 1 AC 310 concerning liability for psychiatric injury, or ‘nervous shock’. Enter the email address you signed up with and we'll email you a reset link. Lord Ackner . 3 [1999] 2 AC 455, 502. Note also Lord Oliver of Aylmerton’s reference to situations ‘where the plaintiff has himself been directly involved in the accident’: Alcock v Chief Constable of South Yorkshire Police [1991] 1 AC 310 at 407. The term Zimmediate victim [ is used to describe the person whose imperilment is witnessed by the secondary victim. 554, 573 were interpreted as applying where the plaintiffs were primary rather than secondary victims. The comments of Sir Thomas Bingham M.R. FACTS. DATE OF JUDGEMENT: 28 December 1991. Alcock v Chief Constable of South Yorkshire Police [1992] 1 AC 310 per Lord Oliver The duty in these cases is a classic example as the duty being used as a mechanism to restrict recovery as appose to show concern for particular people. In the Alcock case, 10 relatives of the deceased brought negligence claims in tort for psychiatric harm or nervous shock. ALCOCK (A. P. ) AND OTHERS (A. P. )(APPELLANTS) v. WRIGHT(SUED AS CHIEF CONSTABLE OF THE SOUTH YORKSHIRE. RESPONDENT: Chief Constable of South Yorkshire Police. Despite considerable public controversy, South Yorkshire Police had admitted liability in negligence for the deaths, having allowed too many supporters into the stadium. In this chapter, I argue that Alcock was an essentially conservative The closer the tie between the claimant and the victim, the more likely it is that he would succeed in this element. The limits of the decision in Alcock were explored in the case of white v chief constable of south Yorkshire Police. They had watched on television, as their relatives and friends, 96 in all, died at a football match, for the safety of which the defendants were responsible. Classes of primary victim Lord Oliver in Alcock v Chief Constable South Yorkshire provided three examples of claimants who he would classify as primary victims: Such ties are, It must be reasonably foreseeable that a person of "normal fortitude" in the claimant’s position would suffer psychiatric damage. White & Ors v Chief Constable of South Yorkshire [1998] 3 WLR 1509 Case summary . Start studying Psychiatric Damage. (Appellants) and. Sorry, preview is currently unavailable. The shock must be a "sudden" and not a "gradual" assault on the claimant's nervous system. Furthermore, both categories of case were stated by Lord Oliver in Alcock at p. 408 to be examples of primary victims, ... Alcock v. Chief Constable of South Yorkshire Police [1992] 1 A.C. 310. The claimants were all people who suffered psychological harm as a result of witnessing the Hillsborough disaster. Learn vocabulary, terms, and more with flashcards, games, and other study tools. A joined action was brought by Alcock (C) and several other claimants against the head of the South Yorkshire Police. Alcock v Chief Constable of South Yorkshire – Case Summary. the class of persons whose claim should be recognized; the proximity of the claimant to the accident; the means by which the shock is caused. Facts. This case arose from the disaster that occurred … LORD KEITH OF KINKEL persuasive authority in England: seeMcLoughlin v O'Brian;1 Alcock v Chief Constable of South Yorkshire Police2 and White v Chief Constable of South Yorkshire Police.3 1 [1983] 1 AC 410, 422. To browse Academia.edu and the wider internet faster and more securely, please take a few seconds to upgrade your browser. Alcock v Chief Constable of South Yorkshire [1992] 1 AC 310 ... (lords Keith and Oliver support this and say reasonable foreseeability of nervous shock might occur in the case of a horrific accident)- possibly floodgates worries. Alcock v Chief Constable of South Yorkshire Police [1992] 1 AC 310 is a leading English tort law case on liability for nervous shock (psychiatric injury). The disaster was broadcast live on television and radio. v. WRIGHT (SUED AS CHIEF CONSTABLE OF THE SOUTH YORKSHIRE. Judgment The Times Law Reports Cited authorities 31 Cited in 166 Precedent Map Related. they were not "directly affected" as opposed to the primary victims who were either injured or were in danger of immediate injury. This is a controversial area with a lot of criticism of the approach taken by the law. The decision has been criticised as being excessively harsh on the claimants, as well as not fully corresponding with medical knowledge regarding psychiatric illness brought about by nervous shock. 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. In Alcock v. Chief Constable of South Yorkshire Police 1 A.C. 310, claims were brought by those who had suffered psychiatric injury as a result of the Hillsborough disaster. Copoc and Others (A.P.) 132. Facts. This occurred at the Hillsborough Football Stadium, Sheffield during the FA Cup Semi-Final in which 96 spectators were killed and 450 injured in a human crush. Alcock v.Chief Constable of South Yorkshire Police [1992] 1 A.C. 310, 401,per Lord Ackner. Lord Oliver of Aylmerton . Primary victims are those who are involved 'mediately or immediately as a participant' Per Lord Oliver in Alcock v Chief Constable of South Yorkshire. To learn more, view our, The Page v Smith Saga: A Tale of Inauspicious Origins and Unintended Consequences, INTRODUCTION : DEFINITION, NATURE AND SCOPE, Mrs Stephanie Scanlan Georgescu Public Health Specialist and Founder of Wave Therapy Clinic, ‘Is “nervous shock” still a feminist issue? Secondary victim by alcock ( C ) and several other claimants against the head of events... Current approach to establishing a duty of care for negligently inflicted psychiatric injury in Australia ’ 2010! 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