Some of the Lords made obiter statements indicating that the Alcock criteria could be departed from in some cases: These dicta has not been followed in any other case, however. Twenty-three years on there remains questions as to whether or not the right decision was arrived at and whether or… Take a look at some weird laws from around the world! The House of Lords also indicated that the window of time constituting the ‘immediate aftermath’ of the event is very short. In-house law team, NEGLIGENCE – PSYCHIATRIC DAMAGE – TRAUMATIC EVENT WITNESSED INDIRECTLY – DISTINCTION BETWEEN PRIMARY AND SECONDARY VICTIMS. Company Registration No: 4964706. Course. 575 (H.L. Case Summary Copyright © 2003 - 2020 - LawTeacher is a trading name of All Answers Ltd, a company registered in England and Wales. Facts. 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 claimants were all people who suffered psychological harm as a result of witnessing the Hillsborough disaster. This case arose from the disaster that occurred on 15th April 1989, when a football match was arranged to be played at the … University. For example, they did not consider a man who witnessed the disfigured body of his brother-in-law in the morgue eight hours after the disaster to have witnessed the immediate aftermath. Academic year. The psychiatric harm must be caused by a sufficiently shocking event. BENCH: Lord Keith of Kinkel, Lord Ackner, Lord Oliver of Aylmerton, Lord Jauncey of Tullichettle and Lord Lowry. VAT Registration No: 842417633. Yet other categories are liability for negligent misstatement: Hedley Byrne & Co. v. Heller & Partners Ltd., [1963] 2 All E.R. 907 (H.L.)). Alcock and others v Chief Constable of the South Yorkshire Police CIVIL 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 v Chief Constable of South Yorkshire. Such persons must establish: Neither C nor the other claimants could meet these conditions, therefore the appeal was dismissed. Lord Ackner distinguished ‘sudden shock’ cases from those in which psychiatric illness is inflicted by the gradual stress of grief or having to look after an injured person. Alcock and others claimed damages for the psychiatric harm they suffered as a result of experiencing such a horrific event. The claimant must share a close tie of love and affection with someone injured or killed in the event; The claimant must have close geographical and temporal proximity with the event or its immediate aftermath; The claimant must have witnessed something horrifying with unaided senses; The claimant must have suffered harm by way of a ‘sudden shock’ as a result. Facts. R was in charge of policing at the Hillsborough … C and the other claimants all had relatives who were caught up in the Hillsborough Stadium disaster, in which 95 fans of Liverpool FC died in a crush due, it was later established, to the negligence of the police in permitting too many supporters to crowd in one part of the stadium. Primary victims are: Any other person is a secondary victim. All claimed damages for the psychiatric harm they suffered as a result. The House of Lords, in finding for D, held that, in cases of purely psychiatric damage caused by negligence, a distinction must be drawn between ‘primary’ and ‘secondary’ victims. Free resources to assist you with your legal studies! The claimants sued the defendant (the employer of the police officers attending the event) in negligence. Goldman v Hargrave (1967) p. 199: Tate & Lyle Food & Distribution Ltd v Greater London Council (1983) p. 227: Smith v Littlewoods Organisation Ltd (1985) p. 251: Alcock v Chief Constable of South Yorkshire Police (1991) p. 273: Hunter v Canary Wharf Ltd (1997) p. 311: Fairchild v Glenhaven Funeral Services Ltd (2002) p. 335: Index: p. 359 The case centred upon the liability of the police for the nervous shock suffered in consequence of the events of the Hillsborough disaster. Alcock v Chief Constable of South Yorkshire House of Lords. The law distinguishes between primary and secondary victims of psychiatric harm. 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. They were friends, relatives and spouses of people who had died in the stampede when Hillsborough football stadium became dangerously overcrowded. The claimant was within the actual area of physical danger when the accident occurred or reasonably believed at the time that they were in danger. The claimants were all people who suffered psychological harm as a result of witnessing the Hillsborough disaster. In 1836, Alcock was appointed improvement commissioner for Burslem and on 9 June 1842 was elected chief constable for the town. Serena Josrin. Issues: The issue in Alcock v Chief Constable of South Yorkshire [1992] 1 AC 310 was to determine if those who suffered psychiatric harm from seeing an event at which they were not physically harmed, nor present was sufficiently proximate for a duty to be owed. Alcock v Chief Constable of South Yorkshire Police [1991] Alcock v Wraith [1991] Alderson v Booth [1969] Alexander v Freshwater Properties [2012] Alfred McAlpine Construction v Panatown [2001] Allam & Co v Europa Poster Services [1968] Allcard v Skinner [1887] Allen v Gulf Oil Refining [1981] Alliance Bank v Broom [1864] Alcock v Chief Constable of South Yorkshire Police - Wikipedia They state, at pp. To export a reference to this article please select a referencing stye below: Our academic writing and marking services can help you! Law of Torts I (LAW 435) Uploaded by. A number of police officers brought claims for psychiatric injury suffered as a result of involvement in the event and its aftermath. Alcock v Chief Constable of South Yorkshire [1992] 1 AC 310. White v Chief Constable of South Yorkshire Police [1998] 3 WLR 1509 This case arose from the Hillsborough football stadium disaster. Hill v Chief Constable of West Yorkshire. Lord Oliver distinguished between primary and secondary victims to clarify the law and establish mechanisms to scrutinise secondary victims claims. He gave the example of a live broadcast filming close-up to an event where the accident unexpectedly occurs. ), and misfeasance in public office Alcock v Chief Constable of South Yorkshire Police concerned sixteen unsuccessful claims for psychiatric injury (PI) resulting from the Hillsborough disaster. The House of Lords were called upon to determine whether, for the purposes of establishing liability in negligence, those who suffer purely psychiatric harm from witnessing an event at which they are not physically present are sufficiently proximate for a duty to be owed, and thus can be said to be reasonably within the contemplation of the tortfeasor. View Alcock and others v Chief Constable of the South Yorkshire Police.docx from BUSINESS 285 at Northeastern University. AUTHOR: Asmi Chahal, 1st year, THE ICFAI UNIVERSITY, ICFAI LAW SCHOOL, DEHRADUN. It was argued for the plaintiffs in the present case that reasonable foreseeability of the risk of injury to them in the particular form of psychiatric illness was all that was required to bring home liability to the defendant. 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. The game got underway before everyone had entered the stadium. Secondary victim claims: Is the tide turning? 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’. 141, para 5 Abramzik v. Brenner [(1967) 65 D.L.R. A secondary victim, by contrast, would only succeed if they fell within certain criteria. Alcock v Chief Constable of South Yorkshire. 395 words (2 pages) Case Summary. Alcock v Chief Constable of South Yorkshire – Case Summary. In the Court of Appeal Rose L.J. Alcock v Chief Constable of South Yorkshire Police [1992] 1 AC 310. Registered Data Controller No: Z1821391. University. Looking for a flexible role? In this post he took an important part in quelling the Chartist Riots, even though he was accused of selling his wares cheaply on account of the low wages he paid his workers. The Law of Torts (LAWS212) Academic year. Rescue Lord Oliver in Alcock v Chief Constable South Yorkshire provided three examples of claimants who he would classify as primary victims: Direct involvement. A primary victim was one who was present at the event as a participant, and would thus be owed a duty-of-care by D, subject to harm caused being foreseeable, of course. Some of the claimants witnessed events from other parts of the stadium. This has been extended to nervous shock (see, for example, Alcock v. Chief Constable of the South Yorkshire Police, [1991] 4 All E.R. 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