unbearable. 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. FACTS. Acts. Generals for loss of amenity, if not for pain and suffering can still be recovered even where the injury rendered the Claimant unconscious; Lin Poh Choo v Camden & Islington [1980] AC 174. PETITIONER: Alcock. In the circumstances I think it sufficient to say that, in my Grieves v FT Everard & Sons [2007] UKHL 39. admin March 3, 2016 August 10, 2019 No Comments on Hicks v Chief Constable of South Yorkshire [1992] All ER 65 House of Lords. Hytner says that the primary facts were not in dispute and 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. action was tried by Hidden J. who held that the plaintiffs had to reverse those concurrent findings if they are to succeed. 1 See Alcock v Chief Constable of South Yorkshire Police [1992] 1 AC 310; Hicks v Chief Constable of the South Yorkshire Police [1992] 2 All ER 65. In all the circumstances, the second discharge had been lawful. injuries suffered before death was the only claim which Mr. and His decision was affirmedby the Court of Appeal (Parker, Stocker and Nolan L.JJ.). He had committed 13 … R (on the application of Chief Constable of South Yorkshire Police) v Kelly In this case, the interested party, K, was a serving police officer who had developed post-traumatic stress disorder. & C. M. Smith (Whiteinch) Ltd., 1990 S.C. The Hicks v Chief Constable of South Yorkshire [1992] 2 All ER 65 - “It is perfectly clear law that fear by itself, of whatever degree, is a normal human emotion for which no damages can be awarded. suffered damage in the disaster. the pain of bereavement. in dispute. 3. White and Others v Chief Constable of the South Yorkshire Police [1999] 2 AC 455. years of age. But the common law has never awarded damages for conclusion on the evidence that the plaintiffs had failed to Contract law. Learn vocabulary, terms, and more with flashcards, games, and other study tools. only where it can be shown that both courts were clearly 11 Hicks v Chief Constable of South Yorkshire Police [1992] 2 ALL ER 65. for which damages fell to be awarded. without injury have no claim in respect of the distress they submits, therefore, that the House is in as good a position as the Hicks v Chief Constable of the South Yorkshire Police (BAILII: [1991] UKHL 9) [1992] 2 All ER 65, [1992] PIQR P433; Hilder v Associated Portland Cement Manufacturers Ltd [1961] 1 WLR 1434 (ICLR); [1961] 3 All ER 709 ; Hill v Chief Constable of West Yorkshire (BAILII: [1987] UKHL 12) [1989] AC 53, [1988] 2 All ER 238, [1988] 2 WLR 1049 RESPONDENT: Chief Constable of South Yorkshire Police. through the turnstiles and surged through the tunnel causing the The difficulty which immediately confronts the appellants inthis House is that the question what injuries Sarah and Victoriasuffered before death was purely one of fact and Hidden J. Get 1 point on adding a valid citation to this judgment. Get 1 point on providing a valid sentiment to this The respondent is the Chief Constable of SouthYorkshire who does not contest his liability to persons whosuffered damage in the disaster. The difficulty which immediately confronts the appellants in the evidence have reached a different conclusion, . evidence which the judge accepted was to the effect that in cases Detailed case brief, including paragraphs and page references Topic: Nervous Shock. substantial award of damages. 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. go to www.studentlawnotes.com to listen to the full audio summary 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). 5. 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. Thus, apart from a bereavement claim under the Act of1982 in respect of Victoria, a claim for damages in respect ofinjuries suffered before death was the only claim which Mr. andMrs. This case arose from the disaster that occurred … 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. White v Chief Constable of the South Yorkshire Police Last updated November 13, 2019. psychiatric damage must be brought on by sudden event; insufficient: even if foreseeable C, under strain, may gradually suffer psychiatric harm Alcock v Chief Constable of South Yorkshire Police [1992] 1 AC 310. C and the other claimants all had relatives who were caught up in the Hillsborough Stadium disaster, in which 95 fans of Liverpool FC … by the Court of Appeal (Parker, Stocker and Nolan L.JJ.). contains alphabet), Hicks v Chief Constable of the South Yorkshire Police. 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. NEGLIGENCE – PSYCHIATRIC DAMAGE – TRAUMATIC EVENT WITNESSED INDIRECTLY – DISTINCTION BETWEEN PRIMARY AND SECONDARY VICTIMS. of £3,500 (subsequently increased by statutory instrument to 63,Lord 3auncey of Tullichettle, in a speech with which the rest oftheir Lordships agreed, said at p. 82: "Where there are concurrent findings of fact in the courtsbelow generally this House will interfere with those findingsonly where it can be shown that both courts were clearlywrong. Hicks v Chief Constable of South Yorkshire Police [1992] 2 All ER 65. For the reasons given by my noble and learned friend LordBridge of Harwich I would dismiss this appeal. Requirements: o Must be reasonably foreseeable that a person of reasonable fortitude would suffer the psychiatric injury in the circumstances. concurrent inferences of fact whether or not the primary facts are The evidence here showed that both girls died from Upon Report from the Appellate Committee to whom wasreferred the Cause Hicks and others against Wright (sued asChief Constable of the South Yorkshire Police), That theCommittee had heard Counsel on Wednesday the 29th day ofJanuary last, upon the Petition and Appeal of Sarah LouiseHicks (suing by the joint Administrators o£ her Estate, TrevorHicks of Falrigg Cottage, 7 Moor Lane, Grassington, Skipton,Yorks, BD25 5BD and Jennifer Hicks of 2 Grange Mews, GrangeLane, Woolton, Liverpool, 25) and Victoria Jane Hicks (suingby the Joint Administrators of her Estate, Trevor Hicks andJennifer Hicks of the above mentioned addresses) and JamesWafer of 82 Ince Avenue, Liverpool, L4 7JY (suing asAdministrator of the Estate of the Late Colin Wafer), prayingthat the matter of the Order set forth in the Schedulethereto, namely an Order of Her Majesty's Court of Appeal ofthe 3rd day of May 1991, might be reviewed before Her Majestythe Queen in Her Court of Parliament and that the said Ordermight be reversed, varied or altered or that the Petitionersmight have such other relief in the premises as to Her Majestythe Queen in Her Court of Parliament might seem meet; as uponthe case of Peter Wright lodged in answer to the said Appeal;and due consideration had this day of what was offered oneither side in this Cause: It is Ordered and Adjudged, by the Lords Spiritual andTemporal in the Court of Parliament of Her Majesty the Queenassembled, That the said Order of Her Majesty's Court ofAppeal of the 3rd day of May 1991 complained of in the saidAppeal be, and the same is hereby, Affirmed and that the saidPetition and Appeal be, and the same is hereby, dismissed thisHouse: And it is further Ordered, That the Appellants do payor cause ho be paid to the said Respondent the Costs incurredby him in respect of the said Appeal, the amount thereof to becertified by the Clerk of the Parliaments if not agreedbetween the parties. 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 … Please log in or sign up for a free trial to access this feature. By clicking on this tab, you are expressly stating that you were one of the attorneys appearing in this matter. LORD BRIDGE OF … the crush at Hillsborough who were fortunate enough to escape 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. Appealis now brought to your Lordships' House by leave of the Court ofAppeal. The Court of Appeal so held in allowing the chief constable’s appeal against that finding. here is that at the moment of death Sarah and Victoria each had Chief Constable of South Yorkshire [1992] 1 A.C. 310, judicial attitudes had changed. In the Court of Appeal Rose L.J. The basis of the claim advancedhere is that at the moment of death Sarah and Victoria each hadan accrued cause of action for injuries suffered prior to deathwhich survived for the benefit of their respective estates. Facts. difficult questions of causation. of Appeal. guidance in relation to other similar claims arising out of the is now brought to your Lordships’ House by leave of the Court of Alcock v Chief Constable of South Yorkshire. reason to doubt it, that the action was not brought for the sake Hicks v Chief Constable of South Yorkshire [1992] All ER 65 House of Lords. save, in the case of Sarah, some superficial bruising which, on the consciousness. Hidden J. was not satisfied that any physical injuryhad been sustained before what he described as the "swift andsudden [death] as shown by the medical evidence." A good deal of argument in the courts below and before Frost v Chief Constable of South Yorkshire Police [1998] Facts This case involved multiple police officers claiming they had suffered mental injury through rescuing the victims of … anomalous. The case centred upon the liability of the police for the nervous shock suffered in consequence of the events of the Hillsborough disaster . Hicks v Chief Constable of South Yorkshire [1992] All ER 65 House of Lords Sarah and Victoria Hicks were sisters aged 19 and 15 when they were crushed to death in the Hillsborough football stadium disaster. Stadium on 15 April 1989 when they were respectively 19 and 15 anything other than the fatal crushing which caused the asphyxia, DATE OF JUDGEMENT: 28 December 1991. This action and another action tried by Hidden J. at the not intend myself to embark on a detailed review of the evidence. 65. Creating your profile on CaseMine allows you to build your network with fellow lawyers and prospective clients. A v Chief Constable of South Yorkshire, High Court, 17 July 2008 Share Share Print remove content? . an accrued cause of action for injuries suffered prior to death 10 Alcock v Chief Constable of South Yorkshire Police [1992] AC 310. 4. We were assured by counsel, and I have no SOUTH YORKSHIRE POLICE - STATEMENT OF ACCOUNTS 2016/17 NARRATIVE STATEMENT 1 1. while they were still conscious and which should attract a In respect of the deaths of Sarah and Victoria there Hicks v Chief Constable of the South Yorkshire Police: HL 5 Mar 1992. had been sustained before what he described as the “swift and 1934 in respect of the deceased’s loss of expectation of life, save Get 2 points on providing a valid reason for the above probabilities that there was a gradual build up of pressure on the The Hillsborough Stadium to which access was through a tunnel some OF THE … Nolan L.JJ. would die within 5 minutes. To set a reading intention, click through to any list item, and look for the panel on the left hand side: This case considered the issue of damages and whether or not damages could be awarded for the fear that a victim may have experienced just prior to a fatal injury and if this amounted to pain and suffering sufficient for a cause of action. estate of each daughter of which they are in each case the 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. 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. emotion for which no damages can be awarded. WRIGHT(SUED AS CHIEF CONSTABLE OF THE SOUTH YORKSHIRE, Lord TemplemanLord Bridge of HarwichLord GriffithsLord Goff of ChieveleyLord Browne-Wilkinson. wrong. But whatever justification there may be for that anger has no But this submission ignores the special restraint with whichthe House approaches findings of fact which are concurrent. 1976, introduced such a claim for the first time in the fixed sum Costs – Wraith v Sheffield Forgemasters Ltd – whether reasonable litigant would have instructed a solicitor based outside his local area -charging rates. Thus, apart from a bereavement claim under the Act of with which both Stocker and before the final crushing injury which produced unconsciousness. 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. as Hidden J. himself said “with regret,” made it impossible for him to award any damages. failed to prove that either girl suffered before death any injury This action and another action tried by Hidden J. at thesame time, which also failed and has not been pursued beyond theCourt of Appeal, were said to be test cases which would affordguidance in relation to other similar claims arising out of theHillsborough disaster. I donot intend myself to embark on a detailed review of the evidence.In the circumstances I think it sufficient to say that, in myopinion, the conclusion of fact reached by Hidden J. and the Courtof Appeal was fairly open to them and it is impossible to say thatthey were wrong. 14 Page v Smith [1996] 1 WLR 855. The respondent is the … How do I set a reading intention. Facts. When the pens were already seriously A joined action was brought by Alcock (C) and several other claimants against the head of the South Yorkshire Police. 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’. InHiggins v. J. an award of damages was a finding of fact affirmed by the Court which survived for the benefit of their respective estates. Theprinciple does not depend upon the advantage possessed bythe judge of first instance of seeing and hearing the, witnesses - that advantage will already have been reflectedin the decision of the lower appellate court to confirm thefindings of the judge.". Reilly & Anor v Merseyside Regional Health Authority [1994] EWCA Civ 30 Case summary . HICKS AND OTHERS (APPELLANTS) v. WRIGHT (SUED AS CHIEF CONSTABLE OF THE SOUTH YORKSHIRE. His decision was affirmed Potential claims of misfeasance in public office and libel might also be considered. This should have led, he submitted, to the conclusion that they Victims' relatives have called for the immediate resignation of South Yorkshire's chief constable and head of Yorkshire Ambulance Service. Issue: Is fear a medically recognised condition? Mr.Hytner says that the primary facts were not in dispute andsubmits, therefore, that the House is in as good a position as thecourts below to draw the proper inferences from those primaryfacts. Click here to remove this judgment from your profile. with which both Stocker andNolan L.JJ. The key Hillsborough test case was Alcock v the Chief Constable of South Yorkshire (House of Lords, 1991) which involved 16 claimants who fell outside this inner sanctum. Setting a reading intention helps you organise your reading. Caland” and Freight v. Glamorgan judgment delivered by Parker L.J. Yorkshire who does not contest his liability to persons who the judge of first instance of seeing and hearing the, witnesses – that advantage will already have been reflected Hidden J. was not satisfied that any physical injury relevance to damages in a civil action for negligence, which are Mr. Hytner sought to persuade your Lordships, as he soughtto persuade the Court of Appeal, that on the whole of theevidence the judge ought to have found on a balance ofprobabilities that there was a gradual build up of pressure on thebodies of the two girls causing increasing breathlessness,discomfort and pain from which they suffered for some 20 minutesbefore the final crushing injury which produced unconsciousness.This should have led, he submitted, to the conclusion that theysustained injuries which caused considerable pain and sufferingwhile they were still conscious and which should attract asubstantial award of damages. But on the facts found in thiscase the question does not arise for decision. You can filter on reading intentions from the list, as well as view them within your profile.. Read the guide × The Law of Torts (LAWS212) Academic year. Facts. The same Act, by section 1,abolished the right to an award of damages in a conventional sumfor the benefit of the estate of the deceased under the Act of1934 in respect of the deceased's loss of expectation of life, saveto the limited extent provided by section l(l)(b), which is not hererelevant. of Appeal was fairly open to them and it is impossible to say that This may depend on POLICE) (RESPONDENT) Lord Templeman Lord Bridge of Harwich Lord Griffiths Lord Goff of Chieveley Lord Browne-Wilkinson. I do Alcock v Chief Constable of South Yorkshire Police - Wikipedia They state, at pp. & C. M. Smith (Whiteinch) Ltd., 1990 S.C. … Reform (Miscellaneous Provisions) Act 1934 for the benefit of the Background. minutes, which I do not understand to be suggested, these findings, compensatory, not punitive. For the reasons given by my noble and learned friend Lord But this submission ignores the special restraint with which Medicalevidence which the judge accepted was to the effect that in casesof death from traumatic asphyxia caused by crushing the victimwould lose consciousness within a matter of seconds from thecrushing of the chest which cut off the ability to breathe andwould die within 5 minutes. dreadful crush in the pens in which 95 people died. would lose consciousness within a matter of seconds from the In order to do so, she needs to satisfy the Alcock control mechanisms as stated by Lord Oliver in Alcock v Chief Constable of South Yorkshire Police. suffered in what must have been a truly terrifying experience. White v Chief Constable of South Yorkshire Police [1999] They were in the pens at one end of the The same Act, by section 1, £7,500) but only for the benefit of a spouse in respect of the The Chief Constable of South Yorkshire has admitted liability in negligence in respect of the deaths and physical injuries. He provided evidence from relatives and friends that his family was very close, and the two half-brothers particularly so. Although the claimant appealed against his dismissal, his appeal failed. The cases linked on your profile facilitate Casemine's artificial intelligence engine in recommending you to potential clients who might be interested in availing your services for similar matters. Mr. Harrison, who was present elsewhere at the ground and whose two brothers died, failed condition (1) because the House refused to presume that close ties of love and affection exist between brothers and he had adduced no evidence to prove that they existed in his case. Contains public sector information licensed under the Open Government Licence v3.0. 65. Hicks v Chief Constable of South Yorkshire Police [1992] 2 All ER 65 This case considered the issue of damages and whether or not damages could be awarded for the fear that a victim may have experienced just prior to a fatal injury and if this amounted to pain and suffering sufficient for a cause of action. For the reasons given by my noble and learned friend LordBridge of Harwich I too would dismiss this appeal. No one can feel anything but the greatest sympathy for the RK V South Yorkshire Police and Another identified in the documents was his apparent contact with pupils outside school hours, although the claimant appeared to have a number of innocent explanations for this conduct (such as giving pupils lifts to football matches). It is nothing to the point that this House might on section 3(1), by substitution of section 1A of the Finance Act suffered before death was purely one of fact and Hidden J.’s sudden [death] as shown by the medical evidence.” Unless the law case the question does not arise for decision. But on the facts found in this 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 Hillsborough disaster sued for post traumatic stress disorder. WRIGHT 63, This is because in negligence, the plaintiff would have to prove that he suffered some sort of damage. opinion, the conclusion of fact reached by Hidden J. and the Court Fear is a normal human emotion for which no damages can be awarded; Hicks v Chief Constable of South Yorkshire Police [1992] All ER 65, HL. see the football match which was about to start, were admitted 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. 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Claim under the Fatal Accidents Acts half-brothers particularly so House approaches findings fact. 1931 ) the Police for the reasons given by my hicks v chief constable of south yorkshire and friend! House of Lords have reached a different conclusion, 1 WLR 855 intend myself to embark on a detailed of! Claimant was involved in a violent incident in Liverpool such conventional awards had long felt! To recognise Actionable loss 2007 ] UKHL 9, [ 1992 ] AC 310 plaintiff would to! Because in negligence in respect of the Police for the nervous shock valid Citation this. Please log in or sign up for a free trial to access feature.
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