Held 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. Unless the lawwere to distinguish between death within seconds of injury andunconsciousness within seconds of injury followed by death withinminutes, which I do not understand to be suggested, these findings,as Hidden J. himself said "with regret," made it impossible for himto award any damages. principle does not depend upon the advantage possessed by Yorkshire who does not contest his liability to persons who PETITIONER: Alcock. 65. evidence the judge ought to have found on a balance of A good deal of argument in the courts below and before POLICE) (RESPONDENT) Lord Templeman Lord Bridge of Harwich Lord Griffiths Lord Goff of Chieveley Lord Browne-Wilkinson. 7. Such conventional awards had long been felt to be HOUSE OF LORDS: SESSION 2003-04 [2004] UKHL 39 on appeal from: [2002] EWCA Civ 1275 [2002] 1 WLR 3223: OPINIONS. o Close tie of love and affection between C and the Victim (McCarthy v Chief Constable of South Yorkshire Police 1996 – Brother-in-law was considered. 3. No one can feel anything but the greatest sympathy for therelatives of those who died in the disaster, the circumstances ofwhich are now all too well known. Victoria University of Wellington. 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 … When the pens were already seriouslyovercrowded a great number of additional spectators, anxious tosee the football match which was about to start, were admittedthrough the turnstiles and surged through the tunnel causing thedreadful crush in the pens in which 95 people died. unconsciousness within seconds of injury followed by death within Just knowing someone for a lengthy period of time isn’t a valid way to pass this hurdle. Compare the decision o f the English Court o f Appeal in Frost v Chief Constable of South Yorkshire Police [1998] QB 254 permitting recovery by injured on- duty police officers. Appeal by the Court of Appeal (Parker, Stocker and Nolan L.JJ.). Those trapped inthe crush at Hillsborough who were fortunate enough to escapewithout injury have no claim in respect of the distress theysuffered in what must have been a truly terrifying experience. suffered in what must have been a truly terrifying experience. had been sustained before what he described as the “swift and by the death in such a horrifying event of sons and daughters who before the final crushing injury which produced unconsciousness. Expert evidence- international bodies of psychiatric research Diagnostic manuals – DSM-V, ICD-10 etc. Contrast Hick's 30 minutes. The basis of the claim advanced Lord Griffiths In the Court of Appeal Rose L.J. The Administration of Justice Act 1982section 3(1), by substitution of section 1A of the Finance Act1976, introduced such a claim for the first time in the fixed sumof £3,500 (subsequently increased by statutory instrument to£7,500) but only for the benefit of a spouse in respect of thedeath of the other spouse or for the benefit of parents in respectof the death of a minor child. . in agreement with Hidden J., that it did not establish that any But on the facts found in this agreed, carefully reviewed the evidence and concluded, Get 1 point on adding a valid citation to this judgment. change. with which both Stocker andNolan L.JJ. Hytner says that the primary facts were not in dispute and White v chief constable of south Yorkshire police lORD sTEYN McLoughlin v O'Brian Lord Bridge 431 not merely grief, distress or any other normal emotion, but a positive psychiatric illness 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. sustained injuries which caused considerable pain and suffering cause of action which survives for the benefit of the victim’s admin March 3, 2016 August 10, 2019 No Comments on Hicks v Chief Constable of South Yorkshire [1992] All ER 65 House of Lords. However, in a succeeding action, McCarthy v Chief Constable of South Yorkshire Police, a claimant whose half-brother had died at Hillsborough successfully claimed damages for the psychiatric illness, which he suffered. This action and another action tried by Hidden J. at the LORD TEMPLEMAN. It is nothing to the point that this House might onthe evidence have reached a different conclusion, . mortem reports on either girl of physical injuries attributable to There was no indication in the post NAME OF THE COURT: House of Lords. University. Hicks and others (Appellants) v. Wright (sued as ChiefConstable of the South Yorkshire Police) (Respondent). Potential claims of misfeasance in public office and libel might also be considered. Hillsborough disaster. here is that at the moment of death Sarah and Victoria each had Background. emotion for which no damages can be awarded. Nolan L.JJ. Held: Fear is a not medically recognised condition as it is a normal emotion. through the turnstiles and surged through the tunnel causing the which are now all too well known. action was tried by Hidden J. who held that the plaintiffs had 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. Before confirming, please ensure that you have thoroughly read and verified the judgment. 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. relatives of those who died in the disaster, the circumstances of The appellants are the parents of two girls, Sarah andVictoria Hicks, who died in the disaster at Hillsborough FootballStadium on 15 April 1989 when they were respectively 19 and 15years of age. 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. In this action they claim damages under the LawReform (Miscellaneous Provisions) Act 1934 for the benefit of theestate of each daughter of which they are in each case theadministrators. I do the judge of first instance of seeing and hearing the, witnesses – that advantage will already have been reflected Are you sure you want to remove this item from you pinned content? Speaking in Alcock v Chief Constable of the South Yorkshire Police [1991] 4 All ER 907, Lord Ackner explained “‘Shock’, in the context of this cause of action, involves the sudden appreciation by sight or sound of a horrifying event, which violently agitates the mind. The In all the circumstances, the second discharge had been lawful. Appeal is now brought to your Lordships ' House by leave of the events of the Yorkshire! 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