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alcock v chief constable

Lord Ackner thought that not all cases where the accident is viewed remotely would be excluded. 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. 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’. In the Court of Appeal Rose L.J. Alcock v Chief Constable of South Yorkshire Police [1992] 1 AC 310. (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’. The law distinguishes between primary and secondary victims of psychiatric harm. Company Registration No: 4964706. Some witnessed the events on television. The Law of Torts (LAWS212) Academic year. 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. Yet other categories are liability for negligent misstatement: Hedley Byrne & Co. v. Heller & Partners Ltd., [1963] 2 All E.R. In Alcock v. Chief Constable of South Yorkshire Police [1992] 1 AC 310, claims were brought by those who had suffered psychiatric injury as a result of the Hillsborough disaster. Any information contained in this case summary does not constitute legal advice and should be treated as educational content only. 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. Examining the case of Alcock –v– Chief Constable of South Yorkshire (1991) One of the most important and contentious psychiatric injury cases in recent history sprang out as a result of the events at Hillsborough on 15th April 1989. 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. BENCH: Lord Keith of Kinkel, Lord Ackner, Lord Oliver of Aylmerton, Lord Jauncey of Tullichettle and Lord Lowry. *You can also browse our support articles here >, A close tie of love and affection to a primary victim, Appreciation of the event with their own unaided senses, Proximity to the event or its immediate aftermath. Alcock v Chief Constable of South Yorkshire [1991] UKHL 5 (28 November 1991) Case of Alcock v Chief Constable of South Yorkshire for Law of Torts. Each claim failed for different reasons, such as: there was no evidence of a close tie of affection; the claimants had not witnessed the events with unaided senses; and the claimants had not viewed the immediate aftermath because too much time had passed before they saw the victim’s bodies. Alcock v Chief Constable of South Yorkshire. A secondary victim, by contrast, would only succeed if they fell within certain criteria. Victoria University of Wellington. 2016/2017 They were friends, relatives and spouses of people who had died in the stampede when Hillsborough football stadium became dangerously overcrowded. 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. 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 Any opinions, findings, conclusions, or recommendations expressed in this material are those of the authors and do not reflect the views of LawTeacher.net. 907 (H.L.)). The claimants were all people who suffered psychological harm as a result of witnessing the Hillsborough disaster. 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. Secondary victim claims: Is the tide turning? Others did not witness the event, but suffered harm when they were told their relatives had been injured or saw their bodies in the morgue or hospital. The game got underway before everyone had entered the stadium. The overcrowding was due to police negligence. In this chapter, I argue that Alcock was an essentially conservative Case: Alcock v Chief Constable of South Yorkshire Police [1991] UKHL 5. Alcock is the single most important English authority on liability for nervous shock, since although its implications for so-called ‘primary victims’ and rescuers may have been diluted by later case law, as far as … 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 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] We also have a number of sample law papers, each written to a specific grade, to illustrate the work delivered by our academic services. proved to be handy precedent in accomplishing so. 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. 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. 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. Copyright © 2003 - 2020 - LawTeacher is a trading name of All Answers Ltd, a company registered in England and Wales. This case arose from the disaster that occurred on 15th April 1989, when a football match was arranged to be played at the … Lord Oliver in Alcock v Chief Constable South Yorkshire provided three examples of claimants who he would classify as primary victims: Direct involvement. Alcock and Others v Chief Constable of South Yorkshire Police: HL 28 Nov 1991 The plaintiffs sought damages for nervous shock. Case Summary Some of the claimants witnessed events from other parts of the stadium. He speculated where what was seen on television was equivalent to seeing it in person, the ‘unaided senses’ requirement could be dispensed with. Do you have a 2:1 degree or higher? Registered Data Controller No: Z1821391. NEGLIGENCE – PSYCHIATRIC DAMAGE – TRAUMATIC EVENT WITNESSED INDIRECTLY – DISTINCTION BETWEEN PRIMARY AND SECONDARY VICTIMS. In 1836, Alcock was appointed improvement commissioner for Burslem and on 9 June 1842 was elected chief constable for the town. Alcock and others claimed damages for the psychiatric harm they suffered as a result of experiencing such a horrific event. para 5 Donoghue v. Stevenson [1932… The disaster was broadcast on live television, where several claimants alleged they had witnessed friends and relatives die. Alcock v Chief Constable of South Yorkshire Police - Wikipedia They state, at pp. Primary victims are: Any other person is a secondary victim. 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. Alcock v Chief Constable of South Yorkshire – Case Summary. Alcock v Chief Constable of South Yorkshire Police is similar to these court cases: Caparo Industries plc v Dickman, Dorset Yacht Co Ltd v Home Office, Stovin v Wise and more. Share this: Facebook Twitter Reddit LinkedIn WhatsApp Hill v Chief Constable of West Yorkshire [1988] 2 WLR 1049; 19th Jun 2019 He defined shock as ‘the sudden appreciation by sight or sound of a horrifying event, which violently agitates the mind.’. White v Chief Constable of South Yorkshire Police [1998] 3 WLR 1509 This case arose from the Hillsborough football stadium disaster. 14th Jun 2019 Case Summary Reference this In-house law team Jurisdiction(s): UK Law. VAT Registration No: 842417633. R was in charge of policing at the Hillsborough … ), and misfeasance in public office o McLoughlin v O'Brian laid down criteria by which claim by secondary victim could be assessed, while opposing expansion HoL adopted and approved McLoughlin criteria in decision of Alcock v Chief Constable of South Yorkshire [1991] 4 All ER 907 which is leading case in regard to secondary victims The claimants were all people who suffered psychological harm as a result of witnessing the Hillsborough disaster. Disclaimer: This work was produced by one of our expert legal writers, as a learning aid to help law students with their studies. Universiti Teknologi MARA. Alcock v Chief Constable of South Yorkshire [1992] AC 310 Facts : There was a football match at Hillsborough and the police were controlling the crowd. 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. Looking for a flexible role? The psychiatric harm must be caused by a sufficiently shocking event. The case centred upon the liability of the police for the nervous shock suffered in consequence of the events of the Hillsborough disaster. In-house law team, NEGLIGENCE – PSYCHIATRIC DAMAGE – TRAUMATIC EVENT WITNESSED INDIRECTLY – DISTINCTION BETWEEN PRIMARY AND SECONDARY VICTIMS. Serena Josrin. Lord Keith of Kinkel and Lord Ackner explained that an event would not be witnessed with ‘unaided senses’ if it was seen on television or communicated by a third-party. 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. University. Detailed case brief, including paragraphs and page references Topic: Nervous Shock. Free resources to assist you with your legal studies! Twenty-three years on there remains questions as to whether or not the right decision was arrived at and whether or… 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. All claimed damages for the psychiatric harm they suffered as a result. Alcock v Chief Constable of South Yorkshire House of Lords. 575 (H.L. For all other relationships, it must be proven. 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. Rescue Alcock v Chief Constable of South Yorkshire Police [1991] UKHL 5, [1992] 1 AC 310 is a leading English tort law case on liability for nervous shock (psychiatric injury). Lord Oliver distinguished between primary and secondary victims to clarify the law and establish mechanisms to scrutinise secondary victims claims. Alcock v. Chief Constable of South Yorkshire Police (1991) 3 WLR 1057 Cases referrred Bourhill v. Young [1943 A.C. 92] para 5 McLoughlin v. O'Brian [(1983) 1 A.C. 410]. Alcock v Chief Constable of South Yorkshire. Alcock v Chief Constable of South Yorkshire Police 1 AC 310 is a leading English tort law case on liability for nervous shock (psychiatric injury). Such persons must establish: Neither C nor the other claimants could meet these conditions, therefore the appeal was dismissed. Academic year. The House of Lords also indicated that the window of time constituting the ‘immediate aftermath’ of the event is very short. View Alcock and others v Chief Constable of the South Yorkshire Police.docx from BUSINESS 285 at Northeastern University. White v Chief Constable of South Yorkshire [1998] 3 WLR 1509 House of Lords . 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. Reference this Take a look at some weird laws from around the world! This has been extended to nervous shock (see, for example, Alcock v. Chief Constable of the South Yorkshire Police, [1991] 4 All E.R. Following the tragic Hillsborough disaster, there were a number of cases: White v Chief Constable of South Yorkshire Police [1998] 3 WLR 1509; Frost v Chief Constable of South Yorkshire Police [1997] 1 All ER 540; and most importantly, Alcock, to name a few. The House of Lords held in favour of the defendant. Law of Torts I (LAW 435) Uploaded by. (2d) 651]. University. Alcock v Chief Constable of South Yorkshire [1992] 1 AC 310. Lord Keith of Kinkel commented that psychiatric harm to an unconnected bystander might still be foreseeable if the event was particularly horrific. A number of police officers brought claims for psychiatric injury suffered as a result of involvement in the event and its aftermath. Facts. 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. A joined action was brought by Alcock (C) and several other claimants against the head of the South Yorkshire Police. To export a reference to this article please select a referencing stye below: Our academic writing and marking services can help you! Hill v Chief Constable of West Yorkshire. 141, para 5 Abramzik v. Brenner [(1967) 65 D.L.R. Judgement for the case Alcock v Chief Constable of South Yorkshire. Alcock v Chief Constable of South Yorkshire [1992] 1 AC 310 Case summary last updated at 19/01/2020 10:51 by the Oxbridge Notes in-house law team. Course. Alcock v Chief Constable of South Yorkshire Police concerned sixteen unsuccessful claims for psychiatric injury (PI) resulting from the Hillsborough disaster. AUTHOR: Asmi Chahal, 1st year, THE ICFAI UNIVERSITY, ICFAI LAW SCHOOL, DEHRADUN. 2020/2021 Alcock and others v Chief Constable of the South Yorkshire Police CIVIL Those within the zone of danger created by the negligence; Those who are not within the zone of danger created by the negligence but who reasonably believe themselves to be; Those who reasonably believe they have caused the death or serious injury of another. Outer Temple Chambers | Personal Injury Law Journal | July/August 2018 #167. 395 words (2 pages) Case Summary. South Yorkshire Police had been responsible for crowd control at the football match and had been negligent in directing an excessively large number of … Facts. Alcock & ors v Chief Constable of South Yorkshire [1992] AC 310 House of Lords. He gave the example of a live broadcast filming close-up to an event where the accident unexpectedly occurs. Registered office: Venture House, Cross Street, Arnold, Nottingham, Nottinghamshire, NG5 7PJ. Others were present in the stadium or had heard about the events in other ways. For a duty to be owed to protect a secondary victim from psychiatric harm, the following criteria must be met: Lord Keith of Kinkel stated that a close tie of love and affection is presumed between spouses and fiancées, and for parents towards their children. Course. The claimants sued the defendant (the employer of the police officers attending the event) in negligence. para5 Hambrook v. Stokes Brothers [1925] 1 K.B. 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