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alcock v chief constable

A joined action was brought by Alcock (C) and several other claimants against the head of the South Yorkshire Police. Any information contained in this case summary does not constitute legal advice and should be treated as educational content only. 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. Alcock v Chief Constable of South Yorkshire. 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. Alcock and others v Chief Constable of the South Yorkshire Police CIVIL (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’. Course. 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. Outer Temple Chambers | Personal Injury Law Journal | July/August 2018 #167. 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. Lord Oliver in Alcock v Chief Constable South Yorkshire provided three examples of claimants who he would classify as primary victims: Direct involvement. In the Court of Appeal Rose L.J. Registered office: Venture House, Cross Street, Arnold, Nottingham, Nottinghamshire, NG5 7PJ. View Alcock and others v Chief Constable of the South Yorkshire Police.docx from BUSINESS 285 at Northeastern University. The law distinguishes between primary and secondary victims of psychiatric harm. 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 Alcock and others claimed damages for the psychiatric harm they suffered as a result of experiencing such a horrific event. 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). He gave the example of a live broadcast filming close-up to an event where the accident unexpectedly occurs. South Yorkshire Police had been responsible for crowd control at the football match and had been negligent in directing an excessively large number of … All claimed damages for the psychiatric harm they suffered as a result. In-house law team, NEGLIGENCE – PSYCHIATRIC DAMAGE – TRAUMATIC EVENT WITNESSED INDIRECTLY – DISTINCTION BETWEEN PRIMARY AND SECONDARY VICTIMS. Lord Keith of Kinkel commented that psychiatric harm to an unconnected bystander might still be foreseeable if the event was particularly horrific. AUTHOR: Asmi Chahal, 1st year, THE ICFAI UNIVERSITY, ICFAI LAW SCHOOL, DEHRADUN. 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. 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 [1992] 1 AC 310 Case summary last updated at 19/01/2020 10:51 by the Oxbridge Notes in-house law team. The case centred upon the liability of the police for the nervous shock suffered in consequence of the events of the Hillsborough disaster. Registered Data Controller No: Z1821391. Detailed case brief, including paragraphs and page references Topic: Nervous Shock. 2020/2021 Alcock v Chief Constable of South Yorkshire – Case Summary. Alcock v Chief Constable of South Yorkshire. 14th Jun 2019 Case Summary Reference this In-house law team Jurisdiction(s): UK Law. 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. Case: Alcock v Chief Constable of South Yorkshire Police [1991] UKHL 5. 907 (H.L.)). He speculated where what was seen on television was equivalent to seeing it in person, the ‘unaided senses’ requirement could be dispensed with. 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. 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. 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. The claimants were all people who suffered psychological harm as a result of witnessing the Hillsborough disaster. The psychiatric harm must be caused by a sufficiently shocking event. Copyright © 2003 - 2020 - LawTeacher is a trading name of All Answers Ltd, a company registered in England and Wales. 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. Yet other categories are liability for negligent misstatement: Hedley Byrne & Co. v. Heller & Partners Ltd., [1963] 2 All E.R. Serena Josrin. para5 Hambrook v. Stokes Brothers [1925] 1 K.B. BENCH: Lord Keith of Kinkel, Lord Ackner, Lord Oliver of Aylmerton, Lord Jauncey of Tullichettle and Lord Lowry. University. Alcock v Chief Constable of South Yorkshire. Company Registration No: 4964706. Lord Oliver distinguished between primary and secondary victims to clarify the law and establish mechanisms to scrutinise secondary victims claims. 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. In 1836, Alcock was appointed improvement commissioner for Burslem and on 9 June 1842 was elected chief constable for the town. Case Summary Academic year. 575 (H.L. Lord Ackner thought that not all cases where the accident is viewed remotely would be excluded. Take a look at some weird laws from around the world! 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. 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. proved to be handy precedent in accomplishing so. 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. (2d) 651]. Universiti Teknologi MARA. Disclaimer: This work was produced by one of our expert legal writers, as a learning aid to help law students with their studies. Facts. 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]. 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. In this chapter, I argue that Alcock was an essentially conservative Alcock v Chief Constable of South Yorkshire [1992] 1 AC 310. Alcock v Chief Constable of South Yorkshire House of Lords. White v Chief Constable of South Yorkshire [1998] 3 WLR 1509 House of Lords . 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. NEGLIGENCE – PSYCHIATRIC DAMAGE – TRAUMATIC EVENT WITNESSED INDIRECTLY – DISTINCTION BETWEEN PRIMARY AND SECONDARY VICTIMS. 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. 19th Jun 2019 We also have a number of sample law papers, each written to a specific grade, to illustrate the work delivered by our academic services. Alcock v Chief Constable of South Yorkshire Police concerned sixteen unsuccessful claims for psychiatric injury (PI) resulting from the Hillsborough disaster. This case arose from the disaster that occurred on 15th April 1989, when a football match was arranged to be played at the … 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). A joined action was brought by Alcock (C) and several other claimants against the head of the South Yorkshire Police. Others were present in the stadium or had heard about the events in other ways. The disaster was broadcast on live television, where several claimants alleged they had witnessed friends and relatives die. The House of Lords also indicated that the window of time constituting the ‘immediate aftermath’ of the event is very short. 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. 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