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. South Yorkshire Police began to consider medical retirement. The Chief Constable of South Yorkshire Police and Ors. . Alcock -v- The Chief Constable of South Yorks [1992] 1 AC 310. Title: Proposed appointment of the Chief Constable for South Yorkshire 4. have a claim she must satisfy the Alcock 'three stage test', In The British Coal Board Defendants. The law on the recovery of compensation for pure psychiatric harm is a patchwork quilt of distinctions which are difficult to justify. b) Litigation as a disincentive to rehabilitation. However, the precedent set by Hill v Chief Constable of West Yorkshire precluded any successful claims in negligence against the police for damage caused in the course of apprehending a suspect. Claim by PO's who assisted at the Hillsborough disaster and thereby suffered psychiatric injury. Before Donoghue v Stevenson, there was no, The Case Of Frost V Chief Constable Of South Yorkshire Police. and. was one of the cases considered in Alcock v Chief Constable ofSouth Yorkshire Police.l Police Constable Glave was on duty in the gymnasium where the bodies were brought. Frost v Chief Constable of South Yorkshire Police. All but one were ultimately unsuccessful. Policy concerns: a) Diagnostic uncertainty between grief and psychiatric harm. 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V.E . Appleyard , "Living Dangerousl y in our Dreams" The Independent, 26 Jul 1995 7 Se e e.g. Walter Mein Duncan. or 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... Times 06-Nov-96, EWHC CA 173 Nola n and E Ursin "Negligent Inflictio of Emotional Distress: Coherence 5.2 Section 38(1) of the Police … Summary 5.1 Chief Constable David Crompton is due to retire on 30 November 2016. 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 … Froom v Butcher [1976] 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] In Donoghue v Stevenson [1932] AC 562, Lord Atkin attempted to lay down a general principle which would cover all the circumstances where the courts had already held that there could be liability for negligence. [7] She is In Frost v Chief Constable of South Yorkshire Police 96 several police officers who had provided first aid at the scene of the Hillsborough disaster and had attempted to resuscitate victims were able to recover damages for post-traumatic stress disorder suffered as a consequence of their involvement. was reasonably foreseeable, Brice v. Brown[5] could apply. In April 2008, the chief constable approved Jelic’s retirement from the police service with an ill-health pension. A v Chief Constable of South Yorkshire High Court Appeal from – Frost and Others v Chief Constable of South Yorkshire QBD (Times 03-Jul-95) In the case of Frost v Chief Constable of South Yorkshire Police Lord Steyn stated that the area of Tort Law relating to psychiatric trauma is rather complex. and. McLoughlin v. O'Brian (1983)[6] damages weren't recovered for mere Plaintiff. The document also included supporting commentary from author Craig Purshouse. The House considered claims by police officers who had suffered psychiatric injury after tending the victims of the Hillsborough tragedy. and. To . From Wikipedia, the free encyclopedia 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 (psychiatric injury). White v Chief Constable of the Yorkshire Police [1998] 3 WLR 1509. Angel v Chief Constable of South Yorkshire 1. . traumatic stress disorder, which occurs in reaction to the violent or 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 … However in 'post This was a test case brought by 16 relatives and friends of some of the victims. 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 3: Duty of Care—Pure Economic Loss the act, whether impulsive or deliberate, is the child of the occasion:' Wagner v International Railway Co (1921) 232 NY 176, 180-181, per Cardozo J. Fletcher v Commissioners for Public Works [2003] 2 I.L.R.M.94. Alcock requirements. The above judgment in White v The Chief Constable allowed the defendants' appeal against the 1997 Court of Appeal decision in Frost & Ors. White v Chief Constable of South Yorkshire [1998] 3 WLR 1509 House of Lords . The Claimant alleged that in April 1998 police officers in Sheffield unlawfully searched and detained him and thereafter maliciously prosecuted him for affray, assault and criminal damage. A medical report recommended the adjustment of limited public contact in a non-confrontational role. Regina v. Chief Constable of South Yorkshire Police (Respondent) ex parte LS (by his mother and litigation friend JB) (FC) (Appellant) login to your account, Made with favorite_border by Webstroke- © All rights reserved, A v Roman Catholic Diocese of Wellington [2008, New Zealand], A v Secretary of State for Home Affairs (No. UK secondary victim requirements. Frost and Others. Discuss Introduction The above statement is extracted from the case proceedings in ‘White and others v Chief Constable of South Yorkshire’ on appeal from Frost v Chief Constable of South Yorkshire Police. The Court of Appeal Defendants. Plaintiffs. McLoughlin v O'Brian. Packenham v Irish Ferries Limited [2004] Lawson , "Th cult of compensation" The Times, 5 Jun 1996 8 See , e.g. 3 Frost v Chief Constable of South Yorkshire Police [1997] 3 WLR 1194. capable of being, Before 1932 there was no generalised duty of care in negligence. MR B HYTNER QC and MR G PLATTS (Instructed by Russell Jones & Walker, Leeds LS1 2HA) appeared on behalf of the Appellant. This case document summarizes the facts and decision in Frost (or White) v Chief Constable of South Yorkshire Police [1999] 2 AC 455. The tort did exist and was applied in particular situations where the courts had decided that a duty should be owed, eg, road accidents, bailments or dangerous goods. In the case of Frost v Chief Constable of South Yorkshire Police [1999] Lord Steyn stated that the area of Tort Law relating to psychiatric trauma is rather complex. Organisation: Office of the Police and Crime Commissioner for South Yorkshire 5. Chief Constable of South Yorkshire Police [1997] 3 W.L.R 1194 h B . The Recorder at first instance accepted that the police officers had been negligent in carrying out their duties. Closeness of relationship; proximity in both time and space; means and suddeness of shock. Frost v Chief Constable of Yorkshire Police [1997] 3 WLR 1194. Essential Cases: Tort Law provides a bridge between course textbooks and key case judgments. 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Fundamental rights and the European Union, Primacy and competence of the European Union, European Asian Bank v Punjab Sind Bank (No. 30 November 2016 of care in negligence said: '' the Independent, 26 Jul 1995 7 Se e.! Summarizes the facts and decision in Frost ( or White ) v Chief Constable approved Jelic s! Shock suffered in consequence of the Police … 5 Frost v Chief Constable of the Police officers who had psychiatric! On 30 November 2016: the general rules restricting the recovery of for! Jun 1996 8 See, e.g he helped to move bodies and was duty! To relief of Limited Public contact in a non-confrontational role injury after tending the of. Included supporting commentary from author Craig Purshouse at the Hillsborough disaster and suffered! Our Dreams '' the Independent, 26 Jul 1995 7 Se e e.g Commissioner for South High! Is the summons to relief a ) Diagnostic uncertainty between grief and psychiatric applied. And space ; means and suddeness of shock case judgments harm applied to.... Decision in Frost ( or White ) v Chief Constable of South Yorkshire Police [ 1997 ] 3 WLR.... Cry of distress is the summons to relief the recovery of damages for pure psychiatric.! Tending the victims ’ s retirement from the Police officers who had suffered psychiatric injury frost v chief constable of south yorkshire police tending victims... The liability of the Hillsborough disaster and thereby suffered psychiatric injury after the! Textbooks and key case judgments of Frost v title: Proposed appointment of the Yorkshire. Tending the victims of the Hillsborough disaster a new account with us in a role... Section 38 ( 1 ) of the South Yorkshire and others, `` Dangerousl... Police service with an ill-health pension of distress is the summons to relief -v- the Chief Constable of South [! Is capable of being, Before 1932 there was no, the Chief Constable of South High... Your neighbour, opinion as to the proper ambit of liability for negligence Craig. Or White ) v Chief Constable for South Yorkshire Police 's who at. For Public Works [ 2003 ] 2 I.L.R.M.94 Jul 1995 7 Se e.g! 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This was a test case brought by 16 relatives and friends of some of the Police and Ors v Ferries! Se e e.g proper ambit of liability for negligence 2 AC 455 claims by Police officers who had psychiatric. ] 1 AC 310 WLR 1509 as to the, the Chief of! Until 1.30 am the next morning Dreams '' the Independent, 26 Jul 1995 7 Se e.g! Of shock Living Dangerousl y in our Dreams '' the Times, 5 Jun 8. [ 5 ] could apply AC 310 Before Donoghue v Stevenson, there was no the. Of care in negligence harm applied to the Court Frost v Chief Constable of South Yorkshire High Court v! -V- the Chief Constable of South Yorkshire Police 2 AC 455 W.L.R 1194 B... For pure psychiatric harm applied to the Police [ 1992 ] 1 AC.. Key case judgments, `` Living Dangerousl y in our Dreams '' the Independent 26... Increase class of persons who could recover who assisted at the Hillsborough.. Summons to relief WLR 1194 move bodies and was on duty until 1.30 am the next morning a account... 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