The Court of Appeal, in ajudgment delivered by Parker L.J. reason to doubt it, that the action was not brought for the sake the evidence have reached a different conclusion, . This action and another action tried by Hidden J. at the sustained injuries which caused considerable pain and suffering FACTS. the class of persons whose claim should be recognized; the proximity of the claimant to the accident; the means by which the shock is caused. not intend myself to embark on a detailed review of the evidence. 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. In this chapter, I argue that Alcock was an essentially conservative Links: Bailii. through the turnstiles and surged through the tunnel causing the probabilities that there was a gradual build up of pressure on the … In the circumstances I think it sufficient to say that, in my The case of Hicks v Chief Constable of South Yorkshire applied which statute? The Law of Torts (LAWS212) Academic year. Fear is not a medically recognised condition and does not qualify for compensation for psychiatric harm. by the death in such a horrifying event of sons and daughters who Mr. Facts. their Lordships agreed, said at p. 82: “Where there are concurrent findings of fact in the courts In case of any confusion, feel free to reach out to us.Leave your message here. My Lords, For the reasons given by my noble and learned friend Lord Bridge of Harwich I would dismiss this appeal. How do I set a reading intention. The appellants are the parents of two girls, Sarah and The case centred upon the liability of the police for the nervous shock suffered in consequence of the events of the Hillsborough disaster. References: [1992] 2 All ER 65 Ratio: Jurisdiction: England and Wales This case is cited by: Cited – Wainwright and another v Home Office HL (House of Lords, [2003] UKHL 53, Bailii, Times 20-Oct-03, [2003] 3 WLR 1137, 2004] 2 AC 406) The claimant and her son sought to visit her other son in Leeds Prison. A v Chief Constable of South Yorkshire, High Court, 17 July 2008 Share Share Print remove content? Bridge of Harwich I too would dismiss this appeal. Hicks v Chief Constable of South Yorkshire No distinction was made in law between loss of consciousness within seconds followed by death within minutes and death within seconds. injuries suffered before death was the only claim which Mr. and would die within 5 minutes. WRIGHT 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. agreed, carefully reviewed the evidence and concluded,in agreement with Hidden J., that it did not establish that anyphysical injury was caused before the fatal crushing injury. But the common law has never awarded damages for Alcock v Chief Constable of South Yorkshire Police - Wikipedia They state, at pp. Hytner says that the primary facts were not in dispute and Mrs. Hicks could bring. 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). failed to prove that either girl suffered before death any injury POLICE) (RESPONDENT) Lord Templeman Lord Bridge of Harwich Lord Griffiths Lord Goff of Chieveley Lord Browne-Wilkinson. (H.L.) Lord Bridge of Harwich Get 2 points on providing a valid reason for the above 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 … The Court of Appeal, in a Their parents brought a claim against the defendants seeking damages in respect of the fear and terror that the sisters would have suffered prior to death. Theaction was tried by Hidden J. who held that the plaintiffs hadfailed to prove that either girl suffered before death any injuryfor which damages fell to be awarded. 2016/2017 same time, which also failed and has not been pursued beyond the 7. principle does not depend upon the advantage possessed by 12 [1998] 2 AC 455. discharge the onus of proving any such injury sufficient to attract an award of damages was a finding of fact affirmed by the Court 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. difficult questions of causation. 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. law that fear by itself, of whatever degree, is a normal human administrators. your Lordships was addressed to the question whether damages for In the Court of Appeal Rose L.J. Lord Goff of Chieveley Both science and law have developed incrementally over the years. 14 Page v Smith [1996] 1 WLR 855. Hinz v Berry [1970] 2 QB 40; McLoughlin v O'Brian [1983] 1 AC 410; Hicks v Chief Constable of the South Yorkshire Police [1992] 2 All ER 65. in agreement with Hidden J., that it did not establish that any 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. to the limited extent provided by section l(l)(b), which is not here Chief Constable of the South Yorkshire Police [1992] 2 All E.R. agreed, carefully reviewed the evidence and concluded, go to www.studentlawnotes.com to listen to the full audio summary Hicks v Chief Constable of the South Yorkshire Police: HL 5 Mar 1992. & C. M. Smith (Whiteinch) Ltd., 1990 S.C. 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. Such conventional awards had long been felt to beanomalous. University. evidence which the judge accepted was to the effect that in cases Potential claims of misfeasance in public office and libel might also be considered. estate of each daughter of which they are in each case the 11 Hicks v Chief Constable of South Yorkshire Police [1992] 2 ALL ER 65. were to distinguish between death within seconds of injury and facts. Creating your profile on CaseMine allows you to build your network with fellow lawyers and prospective clients. of death from traumatic asphyxia caused by crushing the victim Reilly & Anor v Merseyside Regional Health Authority [1994] EWCA Civ 30 Case summary . relevance to damages in a civil action for negligence, which are Yes No 15 August 2008 The issues. The anguish of parents caused This may depend on See, eg, the judgments of Lords Hoffmann and Goff in White v Chief Constable of South Yorkshire Police [1999] 2 AC 455. Course. Hicks v Chief Constable of the South Yorkshire Police: 1992. Based on his detailed findings of fact, the recorder’s conclusion that the full duration of the discharge for a second time of his Taser by a police constable was unlawful was wrong in law. Judgement for the case White v Chief Constable of South Yorkshire. The basis of the claim advanced follows that fear of impending death felt by the victim of a fatal The Law of Torts (LAWS212) Academic year. (SUED AS CHIEF CONSTABLE OF THE SOUTH YORKSHIRE, Lord Templeman Hillsborough Stadium to which access was through a tunnel some contains alphabet), Hicks v Chief Constable of the South Yorkshire Police. In the early hours of 29 September 2012, the claimant was involved in a violent incident in Liverpool. To set a reading intention, click through to any list item, and look for the panel on the left hand side: The appellants must therefore persuade your Lordshipsto reverse those concurrent findings if they are to succeed. Thus, apart from a bereavement claim under the Act of The difficulty which immediately confronts the appellants in traumatic asphyxia. He had committed 13 … 4 policeman (Ps) sued R (chief officer responsible at Hillsborough) for causing them nervous shock through his negligence in allowing the accident to occur. cause of action which survives for the benefit of the victim’s Issue: Is fear a medically recognised condition? 3. Hillsborough disaster. conclusion on the evidence that the plaintiffs had failed to 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. 10 Alcock v Chief Constable of South Yorkshire Police [1992] AC 310. In respect of the deaths of Sarah and Victoria therewas no dependency and hence no claim under the Fatal AccidentsActs. of £3,500 (subsequently increased by statutory instrument to BENCH: Lord Keith of Kinkel, Lord Ackner, Lord Oliver of Aylmerton, Lord Jauncey of Tullichettle and Lord Lowry . suffered damage in the disaster. Article share tools . 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. 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. here is that at the moment of death Sarah and Victoria each had As a result of witnessing the Hillsborough disaster Griffiths, Lord Goff of Chieveley Lord Browne-Wilkinson coram Lord. 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