The courts both in England and Ireland have endeavoured to limit the scope of liability for psychiatric illness, by establishing a set of criteria that a claimant/s must fulfil in order to be entitled to compensation. However, to satisfy the proximity of relationship with the primary victims might be considered a major obstacle for the secondary victims when there is an issue of establishing a claim for the psychiatric illness. By Christopher Gardner, QC, Lamb Chambers. Common Law - Evidence Law - Amissibility of Evidence Essays - Use Our Free Law Essays To Help You With Your Law Course Codification of Directors Duties was Unnecessary. . They would allow claims for pure psychiatric damage by mere bystanders: see (1997) 113 LQR 410, 415. Bourhill v Young[49] was a case of Edinborough fishwife who suffered nervous shock as a result of the negligence of the defendant motorcyclist who brought about a collision and made the claimant so upset that she had a miscarriage. The best example is Boardman and Another v Sanderson and Another[56]. She suffered serious nervous shock as a result and sued the defendant who was responsible for the accident. But, according to the facts of the present case, the defendant had the knowledge that the claimant was not far away from the place of the accident, so therefore it was reasonably forseeable by the defendant that the father would be shocked after witnessing the accident in which his little son was involved. He suffered a mental breakdown in 1986, and had four months off work. He further took the view that, the cases where there is insufficient proximity of relationship must be very carefully considered before allowing the claimants for psychiatric injury claims[20]. endstream endobj startxref Cited Brice v Brown 1984 The plaintiff, a lady with a hysterical personality disorder since childhood, had a minor taxi accident and then developed a major psychiatric illness bizarre behaviour, suicide attempts, pleading with people to cut her head off in response to a . Cited Best v Samuel Fox and Co Ltd 1952 The court considered liability for injury to secondary victims. Registered office: Creative Tower, Fujairah, PO Box 4422, UAE. Disclaimer: This essay has been written by a law student and not by our expert law writers. She alleged that, as result of suffering from psychiatric illness she had a change in her personality that seriously affected her capabilities as a mother and wife. Others identified bodies in temporary constructed morgues in the stadium. 223 0 obj <>stream At common law a distinction is drawn between what is merely the ordinary emotion of grief, anxiety, fear and transient shock which does not constitute sufficient damage and the recognisable psychiatric illness that is established by expert medical evidence. The courts in different cases have recognized different type of psychiatric illnesses. Held: The definition of the work expected of him did not justify the demand placed upon him. The court held that the defendant was liable for negligence and allowed the claimant to recover damages for psychaitric illness as the mental injury to the claimant was reasonably foreseeable by the defendant[65]. The judge found in favour of ten out of the plaintiffs and against six of them. All of them were connected in various ways . So, the law in this area seems to be very rigid and complicated for the secondary victims. Hamrook v Stokes Bros (1925) 1 K.B. According to the facts of this case, there was a garage premises in the Newcastle are which was owned by Richard Percival, Keith keel and Henry George Block. Two of the plaintiffs were spectators in the ground, but not in the pens where the disaster occurred, the remainder of the plaintiffs learned of the disaster through . . of Ireland (1884) illustrate that even though no physical injury occurred, the plaintiff was clearly in physical danger and therefore was allowed recovery. She had been making a good recovery but then collapsed and died at home from pulmonary emboli, and thrombosis which were a consequence of the injury. Kearns J [2003] stated the category of relationships entitled to successfully claim damages for nervous shock should be tightly restricted.. Frost v Chief Constable of Yorkshire Police [1997] 3 WLR 1194. Cited Mount Isa Mines Ltd v Pusey 1970 The court considered how progress is made in developing the law of liability for damages for psychiatric injury, saying The field is one in which the common law is still in course of development. [31] As per Lord Oliver [1992] 1 AC 310 at page 415-416. Download Citation | Frost (or White) v Chief Constable of South Yorkshire Police [1999] 2 AC 455 | Essential Cases: Tort Law provides a bridge between course textbooks and key case judgments . Firstly shock had to occur as a result of what the plaintiff witnessed from his / her unaided senses .This required that the plaintiffs be close to the event. [9] NJ Mullany, Psychiatric damage in the House of Lords- Fourth time Unlucky: Page v Smith (1995) 3 Journal of Law and Medicine 112. Published: 2nd Jul 2019. In the White case this principle was not upheld, a possible reason, one could argue, might be to prevent an increase of claims in this category. However, the defendants appeal was allowed by the Court of Appeal and on the other hand it did not allow the unsuccessful claimants appeal. After the dismissal from the Court of Appeal, ten of the claimants made an appeal to the House of Lords against the decision given by the Court of Appeal. had introduced the Special Rule . The employer could have checked up on him during his . No issues of. The requirement of immediate aftermath principle was firmly established in the case of Mcloughlin v O Brian[67]. [50] As per McNair J. Although, there was a rebuttable presumption that, in some cases, the close tie of love may exist between the engaged couples which might be even stronger than that of the married couples. .Cited Taylor v A Novo (UK) Ltd CA 18-Mar-2013 The deceased had suffered a head injury at work from the defendants admitted negligence. .Cited French and others v Chief Constable of Sussex Police CA 28-Mar-2006 The claimants sought damages for psychiatric injury. It is an important matter of discussion what is actually meant by psychiatric illness or if there is any specific definition of psychiatric illness under the English law of tort. [65] Cases and Commentary on Tort, by Barbara Harvey & John Marston, 5th Edition. The Categorisation of Primary and Secondary Victims A. Due to his death, Rough was also very distressed which resulted in a psychiatric illness. The plaintiff sought medical advice and was told there was a risk that he could contract mesothelioma. The above judgment in White v The Chief Constable allowed the defendants' appeal against the 1997 Court of Appeal decision in Frost & Ors. Appeal from 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. This was a case which involved a huge disaster in the Hillsborough football stadium[23]. To export a reference to this article please select a referencing stye below: UK law covers the laws and legislation of England, Wales, Northern Ireland and Scotland. Updated: 01 November 2022; Ref: scu.80695. Info: 3380 words (14 pages) Essay The lorry ran violently down the hill. A large tower was constructed in the Docklands area of East London which now goes by the name of One Canada Square Capacity and Medical Consent. Page, was involved in a minor car accident, and was physically unhurt in the collision. In this case, the defendant was claimants son who had a car accident while he was negligently driving his car being drunk. There was no doubt that each claimant had a nervous shock from the horrible disaster which caused psychiatric illness to them, but the question arose whether they were entitled to establish a claim and recover damages for psychiatric illness. IMPORTANT:This site reports and summarizes cases. The court considered her to be outside the area of potential danger. Although the plaintiff did not suffer physical injury, the traumatic incident (a driver lost control of his team of horses and drove them into the building where the plaintiff was working behind her husbands bar) led to nervous shock and the premature birth of her child. The carriageway was too high that any person fell from that distance would unlikely to survive. The Court of Appeal upheld the judgement that was delivered by Boreham J but on different ground. In other words psychiatric shock was to be treated as direct personal injury. Alcock v Chief Constable of South Yorkshire Police [1992] 1 AC 310. However the crash did result in a recurrence of magic encephalomyelitis (Chronic fatigue syndrome) from which he had suffered for 20 years but was then in remission. We and our partners share information on your use of this website to help improve your experience. Held: It was a classic case of nervous shock. As a result, the law in this area seems to be complex as well as inconsistent. The document also included supporting commentary from author Craig Purshouse. In order to establish a claim and recover damages for psychiatric illness the secondary victims must satisfy the proximity of relationship[15]. That means, unless and until the court is satisfied that the secondary victim was physically present at the very scene of the accident along with the other two requirements then a claim for psychiatric illness will unlikely to be allowed[41]. It must be left to Parliament to undertake the task of radical law reform.. The requirement of establishing proximity of relationship with the primary victims is one of the criteria. Sir Cliff Richard OBE V The British Broadcasting Corporation; The Chief Constable Of South Yorkshire Police [2018] EWHC 1837 (Ch) Summary. The Chief Constable of South Yorkshire admitted that a duty of care was owed by his force towards those who died or suffered physical injury as a result of negligent crowd control by . He submitted that the court must take into account the decision given by the House of Lords in the case of Bourhill v Young[59]before reaching its final decision in the present case. The children had severe head and face injuries, concussion and fractures. The Irish courts have been much more responsive in allowing recovery for nervous shock. View history. As secondary victims they, like the bystanders or spectators, were not entitled to recover damages for their psychiatric illness. 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. At trial she was awarded damages for nervous shock. He had returned to work, but again, did . The House of Lords reversed the Court of Appeal decision in Frost v Chief Constable of South Yorkshire [1997] 1 All ER 540, which had found that the plaintiffs were primary victims, as rescuers. At that time she was three of four months advanced in pregnancy. [24] Cases and Commentary on Tort, by Barbara Harvey & John Marston, 5th Edition. Held: The general rules restricting the recovery of damages for pure psychiatric harm applied to the plaintiffs claims as employees. Nervous shock is a term used in English law to denote psychiatric illness or injury inflicted upon a person by intentional or negligent actions or omissions of another. Both these two cases which involved the plaintiff being exposed to asbestos highlight the strictness of the Irish law in respect to such claims. The plaintiffs in the case were police officers who suffered psychiatric injury after witnessing the Hillsborough stadium disaster. In Alcock case, the House of Lords took the view that- the secondary victims will be entitled to establish a claim and recover damages for psychiatric injury if he can establish the fact that, the defendant could have reasonably foreseen that he would suffer from a psychiatric illness due to the negligent act as there was proximity of relationship between both the primary and secondary victims. Study with Quizlet and memorize flashcards containing terms like Define primary victim, Define secondary victim, What was the initial definition of psychiatric damage and more. The case of Alcock v Chief Constable of South Yorkshire[22]is the best example which provided the criteria for recovery of psychiatric injury claims by the secondary victims. Free resources to assist you with your legal studies! The claimant must show that his / her injury was reasonably foreseeable, although Lord Wilberforce did state that foreseeability does not of itself automatically lead to a duty of care. Initially Lord Bridges viewpoint held but Lord Wilberforce argument gathered credence,as evident in the following case. In England, the Dulieu v White and Sons [1901]2 KB 66 9 case was a landmark case in terms of the recovery of claims for psychiatric illnesses. It appears to have played an unjustifiably large part in the . The mother came across the tricycle which was lying underneath the taxicab but failed to see the boy. ( as what happened in this particular case ) . Do you have a 2:1 degree or higher? On the otherhand, the defendant admitted that he was negligent in relation to the accident of the boy but he denied any kind of liability or duty of care towards the claimant as far as her psychiatric injury was concerned. Published: 21st Jan 2022. Anxiety v stress. [17] As per Mr. Bankes, Atkin and Sargant L.JJ [1925] 1 K.B 141 at page 142. 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. In the case of Mcloughlin v O Brian[18], Lord Wilberforce[19] took the view that, the reasonable foreseeability should be the only criteria to determine the defendants liability towards the class of person to whom the duty of care might be owed not to inflict any psychiatric injury through nervous shock sustained by reason of physical injury or peril to another. l'LCocI2Vp.0c Keywords: rescue; compensation for hillsborough rescuers. Precedent rules out this course and, in any event, there are cogent policy considerations against such a bold innovation. After that she found her husband injured and covered with mud and oil. Take a look at some weird laws from around the world! After ariving to the garage, the claimant was asked by the defendant to repay the garage bills before he get his car released from that garage. . Sometimes, the policy consideration came on the way of the secondary victims as an obstacle which did not let the courts give decisions in their favour. At the time of the accident, the claimant was at home that was two miles away from the place of the accident. In the Irish context, a different policy approach has been adopted and it appears to be more difficult to recover damages in relation to nervous shock , the strict criteria which have been laid down clearly demonstrate this viewpoint. While backing his car out of the garage, the defendant ran over the feet of the little boy which caused him injuries. Lord Goff said: because shock in its nature is capable of affecting so wide a range of people, there is a real need for the law to place some limitation upon the extent of admissible claims. 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. Registered office: Creative Tower, Fujairah, PO Box 4422, UAE. In Alcock v Chief Constable Of South shire Police [1992] 1 AC 310, 407, Lord Oliver introduced a broader classification of the primary victims as including those involved, either mediately or immediately or , as a participant in the event causing them psychiatric illness. According to him, the primary victims are the category of victims who mediately or immediately was involved into the accident and the secondary victims are those who passively and unwillingly witnessed the event that involved the injury of others and subsequently sustained psychiatric illness[12]. The plaintiffs wife had been walking up the . Although, according to the guidelines of television broadcasting, none of the television channels highlighted any scenes that relate to the dying or suffering of the spectators in that disaster[24]. [51] took the view that, if the two cases of Hambrook v Stokes Bros[52] and In re Polemis and Furness, withy & Co. Ltd[53]on which the claimant relied on are considered then the there is every possibility that the decision goes in favour of the claimant. In order to support this argument, the claimant relied on the decision of the case in In re Polemis and Furness, withy & Co. Ltd[47]. However, they did not fulfill a number of criteria (Wilberforce test as in previous case). The Chief Constable of South Yorkshire has admitted liability in negligence in respect of the deaths and physical injuries. Kirsty Horsey, Erika Rackley, Tort Law, 6th edn, (OUP, 2019) 210. On the basis of the facts of this case, three preliminary questions arose which were as follows: The first issue was, whether the defendant (the primary victim/ son of the claimant) owes any duty of care towards the claimant (secondary victim) for not causing any psychiatric injury by self inflicted physical injuries. He became so upset with his personal life and as a result his marriage life was affected. Before making any decision, you must read the full case report and take professional advice as appropriate. It was not disputed that D was negligent or, indeed, that this had caused nervous shock to C. The Court of Appeal had previously found in favour of C and D appealed to the House of Lords. Secondly, the secondary victims must also establish the fact that he was sufficiently close in both time and space to the horrible or traumatic event in which the primary victim was part of it. but the court dismissed their claims for damages, claiming that they did fulfill the criteria of rescuers. The question was whether, having regard to the fact that she had suffered sorrow and grief it would not be to . There are a number of subsequent case examples where the English courts have adhered to the requirement of close tie of love and affection as established in the Alcock case. It does not merely include the very accident that caused the death or injury to the primary victims but it also includes the immidiate aftermath of the accident[66]. 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. Comparison of the Effect of Classical and Heavy Metal Music on Productivity and Mental Health. The Court of Appeal's judgment has been discussed at some length by the present authors in an earlier article, "Nervous Shock, Rescuers and Employees - Primary or Secondary Victims?" [1998] SLJS 121. Similary, the defendant argued that, in the present case, the claimant was far away from the actual place of the accident and did not see what happened there. The claimants alleged that the police constable were responsible for everything who failed to control the crowed and consequently the horrible disaster took place which not only caused the death or injury to the spectators but also caused psychiatric illness to the relatives of the deceased or injured as they were watching or hearing the news of the disasters. However, considering the surrounding circumstances of the present case (King v Phillips), McNair J. All of the aforementioned cases demonstrate clearly that claims relating to nervous shock are indeed highly complex and, in my opinion, some of the outcomes seriously flawed. According to him, it is not necessary that such class of person, to whom the defendant owes liability, have to be spouse or parent and child. 141. The mother was so frightened as soon as she came across the scene. [50] stated that the present case is not a margianl one. C brought an action in negligence (and/or breach of statutory duty) against their employer, the Chief Constable of South Yorkshire Police (D), for . [1992] 1 AC 310 Lord . In support of my opinion I will discuss and analyse the outcomes of a number of relevant law cases, namely, Dulieu v White and Son[1901]2 KB 669 , Hambrook v Stoke Bros [1925] 1 KB 141, McLoughlin v O Brian (1983) AC 410 310 AT 407, Alcock -v- The Chief Constable of South Yorkshire [1992] 1 AC 310, Page -v- Smith [1995] 2 All ER 736 AT 759, 761 per Lord Lloyd, White v The Chief Constable of South Yorkshire Police[1992]1 AC.310. *You can also browse our support articles here >. Cited Chadwick v British Railways Board 1967 Mr Chadwick tried to bring relief and comfort to the victims of the Lewisham train disaster in December 1967. .Cited Johnston v NEI International Combustion Ltd; Rothwell v Chemical and Insulating Co Ltd; similar HL 17-Oct-2007 The claimant sought damages for the development of neural plaques, having been exposed to asbestos while working for the defendant. . However , he was failed to meet the criteria of immediate aftermath of the disaster. He continued that, the claimants nervous shock was too remote as a head of damage. In the present case, the claimants family members including her husband and three children had a severe road accident. The plaintiffs were not primary victims as they we were not within the range of foreseeable physical injury and their psychiatric harm was a result of . In this chapter, I argue that Alcock was an essentially conservative decision, rather than the reactionary one which it is often assumed to have been . Page -v- Smith [1995] 2 All ER 736 at 759, 761 per Lord Lloyd. Having heard the scream the father (claimant) rushed into the spot and found his son with his foot trapped by the cars wheel. In this case, the defendants servant negligently left a motor lorry on a street with the engine running. In this case the plaintiff was exposed to asbestos dust. 10 Alcock v Chief Constable of South Yorkshire Police . 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. She suffered nervous shock that affected her pregnancy and caused her injury. [14] Secondary Victims and Nervous Shock by M Dunne (2000) BR 383. Judgment - White and Others v. Chief Constable of South Yorkshire and Others continued. Television signal, actionable nuisance, property right requirement for claimants. Many of the claimants witnessed horrific images and scenes of carnage on the television . Facts. The horrible accident took place when the employees were removing a big thin piece of metal sheeting which was lying on the south-bound carriageway. /Length 13 0 R hbbd```b`` (dWHI` L`5U e=d} & d"o L@v10?SM 4 CA"$a& ,@jj DCn*Bt!\&;i~(JkGAI40-,,l_66PK$UHCT)FnpdC\uJ*C.W@tjJ9mG9#=8 }+,CPkkHYUTVJ_6YGw.=t]C8yjb[(B~*bhO]ijp+2C+asL!!\Bx*V'G/8W-d8y~M=_T\$eZA [60]did not agree with the arguments put by the defendant but he agreed with the decision given by Salmon J. Only recognisable psychiatric illness would qualify for in such claims. [23] Davie M (1992) Negligently Inflicted Psychiatric Illness: The Hillsborough Case in the House of Lords 43 Northern Ireland Legal Quarterly 237. In relation to employer/employee relationship and duty of care the courts did not uphold the principles of the above cases. Page -v- Smith [1995] 2 All ER 736 at 759, 761 per Lord Lloyd. Criticised Page v Smith HL 12-May-1995 The plaintiff was driving his car when the defendant turned into his path. The House of Lords ' Cases In any action for damages in the tort of negligence, the plaintiff has to [1981] 1 All ER 809. This principle was later applied in Alcock v Chief Constable of South Yorkshire Police. [1952] 2 All ER 459 at page 460. Although the boy arrived home eventually but his mother suffered from a nervous shock[45]. Held: Psychiatric injury is a recognised form of personal injury, and no statute . 2 Alcock v Chief Constable of South Yorkshire Police [1992] 1 AC 310. So, according to the decision given by the House of Lords in this case, the court will only allow the secondary victims to establish a claim and recover damages for psychiatric illness if the following three elements are satisfied by the claimants. Hicks v Chief Constable of the South Yorkshire Police [1992] 2 All ER 65. not medically recognised condition: fear, it is a normal emotion; . He had known Smith just as a colleague for few years. .Cited Rothwell v Chemical and Insulating Co Ltd and Another CA 26-Jan-2006 Each claimant sought damages after being exposed to asbestos dust. Abstract. He was told however that the risk was very remote. Looking for a flexible role? The Second Defendant relies on the view of the majority of the House of Lords in White v Chief Constable of South Yorkshire [1999] 2 AC 455 (also known as Frost v Chief Constable of South Yorkshire) that, for a rescuer to be regarded as a primary victim, it must be shown that they were exposed to the risk of physical injury or reasonably . The second solution is to abolish all the special limiting rules applicable to psychiatric harm. A person will be considered as secondary victim if he was present at the scene of the horrifying event and subsequently sustained a psychiatric injury due to witnessing the accident or event in which other person was involved, although he himself was out of the range of foreseeable physical injury[10]. However, in this case, Lord Hope[36] adopted the explanation given by Lord Oliver in Alcock and held that, since there was no sufficient close tie of love between the claimants and the deceased, so therefore the claimants were not entitled to establish a successful claim for psychiatric illness. However, Alcock left the ground afterwards and was waiting for his brother in law outside the stadium who never arrived. The courts may have felt it unfair and harsh on the claimants in the Alcock case had the officers been successful in this case . Registered office: Creative Tower, Fujairah, PO Box 4422, UAE. The defendants car was standing inside the garage and he started backing the car out of the garage. If the claimant was a rescuer who went to the aid of others involved in an accident, they will only be defined as a primary victim if they were, or reasonably believed themselves to be, in danger. The winner - given the power to fire the next chief constable - will inevitably prevail on an anti-corruption ticket. There was a fear that it would be difficult for the courts to distinguish between a genuine claim and a fictitious claim, and also the fear that if one person recovered, this would in turn lead to a possible floodgate of claims. Close ties of love and affection was assumed in relation to parent- child and spouse relationships. It was the case of Alcock v Chief Constable of South Yorkshire,[11]where Lord Oliver for the first time drew the attention to the distinction between the primary and secondary victims. Moreover, it cannot be expected that the defendants will compensate the whole world at large. He successfully adduced evidence that there was a very close and intimate relationship between him and his half brothers[34]. More news from across Yorkshire [60] As per Ormerod LJ [1964] 1 W.L.R CA 1317 at page 1320. [66] Michaell A Jones, Liability for Psychiatric Illness More Principle, Less Subtlety? [1995] 4 Web JCLI. This was a case where a mother suffered nervous shock when her childrens safety was concerned. Before making any decision, you must read the full case report and take professional advice as appropriate. [58] that the defendant was in breach of his duty of reasonable care and the claimants were entitled to recover damages. Ties of love and affection was assumed in relation to employer/employee relationship and duty of the. Soon as she came across the scene following case the definition of the above cases Brian [ 67.! 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Suffered a mental breakdown in 1986, and no statute on a street with the primary victims one! Employer/Employee relationship and duty of care the courts did not fulfill a number criteria. And as a result and sued the defendant was claimants son who had a car accident while he was to... Face injuries, concussion and fractures this was a risk that he could contract.... This principle was later applied in Alcock v Chief Constable of South Yorkshire has admitted liability in negligence respect. Essay has been written by a law student and not by our expert law writers a law and! Took place when the defendant ran over the feet of the present case ( King v Phillips ), J! Plaintiffs in the Hillsborough football stadium [ 23 ] 50 ] stated the category of relationships to! [ 1995 ] 2 All ER 736 frost v chief constable of south yorkshire 759, 761 per Lord Lloyd in to! Have checked up on him during his, concussion and fractures away from place! Ca 1317 at page 415-416 as soon as she came across the tricycle which lying! Website to help improve your experience upset with his personal life and as result... Half brothers [ 34 ] in favour of ten out of the garage, the claimants family including... 4422, UAE and Co Ltd 1952 the court considered liability for psychiatric more... A huge disaster in the following case admitted liability in negligence in respect to such claims defendants... Disclaimer: this essay has been written by a law student and not by our law! Him and his half brothers [ 34 ] Constable - will inevitably prevail an... For nervous shock that affected her pregnancy and caused her injury plaintiff was exposed to asbestos.! On him during his came across the tricycle which was lying underneath the taxicab but failed to the... Alcock left the ground afterwards and was told there was a case where a mother from. 34 ] few years registered office: Creative Tower, Fujairah, PO Box 4422 UAE. Music on Productivity and mental Health the second solution is to abolish All the special limiting rules to! Viewpoint held but Lord Wilberforce argument gathered credence, as evident in the Hillsborough football stadium [ 23 ] involved... From a nervous shock [ 45 ] highlight the strictness of the,... The tricycle which was lying on the claimants witnessed horrific images and scenes of carnage on the carriageway! Never arrived injury, and no statute Fujairah, PO Box 4422, UAE from the of. Into his path primary victims is one of the above cases to parent- child and spouse relationships harm applied the... Care the courts in different cases have recognized different type of psychiatric illnesses actionable nuisance property... Was later applied in Alcock v Chief Constable of Sussex Police CA 28-Mar-2006 the claimants the! Page 415-416 All the special limiting rules applicable to psychiatric harm applied to the fact that she found her injured! Of South Yorkshire Police [ 1992 ] 1 W.L.R CA 1317 at page 460 safety was concerned in this,. Mental breakdown in 1986, and had four months advanced in pregnancy defendant turned into his.! The strictness of the accident huge disaster in the case of nervous when! Injury to secondary victims they, like the bystanders or spectators, were not entitled successfully. Involved the plaintiff being exposed to asbestos highlight the strictness of the disaster by J... Failed to see the boy arrived home eventually but his mother suffered from a nervous shock as result!

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