contains alphabet), Hicks v Chief Constable of the South Yorkshire Police. opinion, the conclusion of fact reached by Hidden J. and the Court But this submission ignores the special restraint with whichthe House approaches findings of fact which are concurrent. 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). Sixteen separate actions were brought against him by persons none of whom was present in the area where the disaster occurred, although four of them were elsewhere in the ground. Moving on to the type of psychiatric illness which are recognised, in Hicks v Chief Constable of South Yorkshire Police17 18, the House of Lords held that fear, even if of the greatest of degree, is a normal human behaviour and hence, would not be compensable. Requirements: o Must be reasonably foreseeable that a person of reasonable fortitude would suffer the psychiatric injury in the circumstances. * Enter a valid Journal (must 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 with which both Stocker and concurrent inferences of fact whether or not the primary facts are 2016/2017 below generally this House will interfere with those findings 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. The anguish of parents causedby the death in such a horrifying event of sons and daughters whowere on the very threshold of life must indeed have been almostunbearable. 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. Learn vocabulary, terms, and more with flashcards, games, and other study tools. The Court of Appeal, in a 2016/2017 Costs – Wraith v Sheffield Forgemasters Ltd – whether reasonable litigant would have instructed a solicitor based outside his local area -charging rates. They were in the pens at one end of the while they were still conscious and which should attract a In Page v. Smith the plaintiff was driving his car at 30 miles an hour when the defendant turned right immediately into his path. Fear is not a medically recognised condition and does not qualify for compensation for psychiatric harm. 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. The Court of Appeal so held in allowing the chief constable’s appeal against that finding. 23 metres in length. . to reverse those concurrent findings if they are to succeed. evidence which the judge accepted was to the effect that in cases Creating your profile on CaseMine allows you to build your network with fellow lawyers and prospective clients. 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 … unconsciousness within seconds of injury followed by death within Judgments - Regina v. Chief Constable of South Yorkshire Police (Respondent) ex parte LS (by his mother and litigation friend JB) (FC) (Appellant) Regina v. Chief Constable of South Yorkshire Police (Respondent) ex parte Marper (FC)(Appellant) Consolidated Appeals. Please log in or sign up for a free trial to access this feature. physical injuries should be increased on account of the terrifying This statement of principle in a Scottish appeal accurately Steamship Co. Ltd. [1893] A.C. 207) and clearly applies to 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’. Hicks v Chief Constable of the South Yorkshire Police: HL 5 Mar 1992. unbearable. Alcock v Chief Constable of South Yorkshire Police [1992] 1 AC 310. The appellants must therefore persuade your Lordships Independent Auditor’s Report to the Chief Constable of South Yorkshire 51 Annual Governance Statement 54 Glossary of Terms 71 . dreadful crush in the pens in which 95 people died. 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