Robinson v Chief Constable of West Yorkshire [2018] UKSC 4; Part 2: Duty of Care—Psychiatric Injury. 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 reasonably believed themselves to be so". Firstly, it fell to be determined whether an employer owed a duty of care to protect their employees from psychiatric injuries they may incur in the course of their employment. Page v Smith [1996] 1 AC 155; 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 3 … Take a look at some weird laws from around the world! 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 many others injured. A representative of the Police Federation also spoke on his behalf. 21st Jun 2019 White v Chief Constable of South Yorkshire Police 2 A.C. 455 and a third House of Lords decision in a case arising from a road traffic accident : Page v Smith A.C. 155 Disclaimer: This work was produced by one of our expert legal writers, as a learning aid to help law students with their studies. To export a reference to this article please select a referencing stye below: Our academic writing and marking services can help you! IN THE SUPREME COURT OF JUDICATURE. searching for Chief constable 211 found (1963 total) alternate case: chief constable. Any opinions, findings, conclusions, or recommendations expressed in this material are those of the authors and do not reflect the views of LawTeacher.net. IN THE COURT OF APPEAL (CIVIL DIVISION. Facts: The case of Robinson v Chief Constable of West Yorkshire [2018] UKSC 4 narrowed down the Caparo test of establishing Duty of Care. C brought an action in negligence (and/or breach of statutory duty) against their employer, the Chief Constable of South Yorkshire Police (D), for the psychiatric harm they had suffered as a result of witnessing the tragedy first-hand. This case raised two principal questions. It is agreed that this is a complex area, but it is not insoluble. As a result, it significantly changed the … Judgment - White and Others v. Chief Constable of South Yorkshire and Others continued (back to preceding text) Thus far and no further. We also have a number of sample law papers, each written to a specific grade, to illustrate the work delivered by our academic services. 3. 21st Jun 2019 Case Summary Reference this In-house law team Jurisdiction(s): UK Law. Firstly, the difficulty in drawing a line between grief and psychiatric illness. Company Registration No: 4964706. 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 reasonably believed themselves to be so".[1]. Vincent [1996] EWCA Civ J1031-12. White v Chief Constable of South Yorkshire [1998] 3 WLR 1509 House of Lords 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. Apart from the Alcock decision, two further authorities were relied upon throughout the judgments in White: . The document also included supporting commentary from author Craig Purshouse. 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. 8. 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. The Chief Constable's Review. This was not followed and the "rescuers" category was thus limited in terms of people acting in the course of their job. White v/s Chief constable of South Yorkshire Police White v/s Chief constable of South Yorkshire Police Introduction Lord Steyn offered some reasons why recovery should not be allowed in this situation. Judgments -- White and Others v. Chief Constable of South Yorkshire and Others. Published 16 January 2020 Explore the topic. 3. A representative of the Police Federation also spoke on his behalf. Areas of applicable law: Tort law – Negligence – Psychiatric harm. The claimants were all people who suffered psychological harm as a result of witnessing the Hillsborough disaster. Matthew Furlong lost out on his 'dream job' as a constable in the Cheshire police force. R v Chief Constable of Lancashire, ex p Parker [1993] R v Chief Constable of Merseyside Police, ex p Calveley [1986] R v Chief Constable of North Wales, ex p Evans [1982] R v Chief Constable of Sussex, ex p International Traders Ferry [1999] R v Chief Rabbi, ex p Wachmann [1993] R v Christou and Wright [1992] R v Church [1966] R v Clarence (1888) Thus, there could be no duty of care owed to C for purely psychiatric harm, as they were not at any point in any physical danger. Alcock v Chief Constable of South Yorkshire Police [1992] 1 A.C. 310; White v Chief Constable of South Yorkshire Police [1999] 2 A.C. 455; and a third House of Lords decision in a case arising from a road traffic accident: Page v Smith [1996] A.C. 155 He conducted an oral hearing on 11 November 2009. Do you have a 2:1 degree or higher? White v Chief Constable of South Yorkshire Police [1998] 3 WLR 1509. White and Others v Chief Constable of South Yorkshire. Mr Salter was represented by his solicitor, Mr Wilson. None of the officers witnessed the shooting itself. Alcock and others v Chief Constable of the South Yorkshire Police.docx - Alcock and others v Chief Constable of the South Yorkshire Police CIVIL ... Dulieu v White & Sons [1901] 2 KB 669,[1900–3] All ER Rep 353, DC. French and others v Chief Constable of Sussex Police CA TLR 5 April The claimants were police officers who were involved in events leading up to an armed raid, which lead to the fatal shooting of James Ashley. 4 policeman (Ps) sued R (chief officer responsible at Hillsborough) for causing them nervous shock through his negligence in allowing the accident to occur. This case document summarizes the facts and decision in Frost (or White) v Chief Constable of South Yorkshire Police 2 AC 455. Free resources to assist you with your legal studies! My Lords, the law on the recovery of compensation for pure psychiatric harm is a patchwork quilt of distinctions which … white v chief constable of south yorkshire. This arose out of the Hillsborough disaster, where in April 1989, 95 people died and over 400 were injured the local police allowed an excessive number of spectators to crowd into Hillsborough stadium. 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. White, Frost and others v Chief Constable of South Yorkshire and others: HL 3 Dec 1998 No damages for Psychiatric Harm Alone The House considered claims by police officers who had suffered psychiatric injury after tending the victims of the Hillsborough tragedy. The Chief Constable reviewed the decision of the Panel. Acting chief constable Janette McCormick is said to be passionate about 'positive action' and diversity. This case arose from the Hillsborough football stadium disaster. 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. 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. 1963 total ) alternate case: Chief Constable of South Yorkshire and its aftermath Lord Steyn Lord Hoffmann OPINIONS the... Lord Goff of Chieveley Lord Griffiths Lord Browne-Wilkinson assist you with your legal studies article please select a stye... – Negligence – psychiatric harm and white v chief constable writing and marking services can help you alternate:... 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