In this chapter, I argue that Alcock was an essentially conservative To export a reference to this article please select a referencing stye below: Our academic writing and marking services can help you! Take a look at some weird laws from around the world! The claimant was within the actual area of physical danger when the accident occurred or reasonably believed at the time that they were in danger. 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 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. Each claim failed for different reasons, such as: there was no evidence of a close tie of affection; the claimants had not witnessed the events with unaided senses; and the claimants had not viewed the immediate aftermath because too much time had passed before they saw the victim’s bodies. Alcock v Chief Constable of South Yorkshire – Case Summary. Registered Data Controller No: Z1821391. Victoria University of Wellington. Alcock and others claimed damages for the psychiatric harm they suffered as a result of experiencing such a horrific event. We also have a number of sample law papers, each written to a specific grade, to illustrate the work delivered by our academic services. 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. Some of the claimants witnessed events from other parts of the stadium. He speculated where what was seen on television was equivalent to seeing it in person, the ‘unaided senses’ requirement could be dispensed with. 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. They were friends, relatives and spouses of people who had died in the stampede when Hillsborough football stadium became dangerously overcrowded. Outer Temple Chambers | Personal Injury Law Journal | July/August 2018 #167. AUTHOR: Asmi Chahal, 1st year, THE ICFAI UNIVERSITY, ICFAI LAW SCHOOL, DEHRADUN. Reference this South Yorkshire Police had been responsible for crowd control at the football match and had been negligent in directing an excessively large number of … A number of police officers brought claims for psychiatric injury suffered as a result of involvement in the event and its aftermath. (2d) 651]. 2016/2017 Alcock v Chief Constable of South Yorkshire Police - Wikipedia They state, at pp. Alcock and others v Chief Constable of the South Yorkshire Police CIVIL Twenty-three years on there remains questions as to whether or not the right decision was arrived at and whether or… Universiti Teknologi MARA. 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. A joined action was brought by Alcock (C) and several other claimants against the head of the South Yorkshire Police. para5 Hambrook v. Stokes Brothers [1925] 1 K.B. In-house law team, NEGLIGENCE – PSYCHIATRIC DAMAGE – TRAUMATIC EVENT WITNESSED INDIRECTLY – DISTINCTION BETWEEN PRIMARY AND SECONDARY VICTIMS. 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. For a duty to be owed to protect a secondary victim from psychiatric harm, the following criteria must be met: Lord Keith of Kinkel stated that a close tie of love and affection is presumed between spouses and fiancées, and for parents towards their children. Some of the Lords made obiter statements indicating that the Alcock criteria could be departed from in some cases: These dicta has not been followed in any other case, however. The House of Lords also indicated that the window of time constituting the ‘immediate aftermath’ of the event is very short. The game got underway before everyone had entered the stadium. Alcock and Others v Chief Constable of South Yorkshire Police: HL 28 Nov 1991 The plaintiffs sought damages for nervous shock. View Alcock and others v Chief Constable of the South Yorkshire Police.docx from BUSINESS 285 at Northeastern University. Hill v Chief Constable of West Yorkshire. The law distinguishes between primary and secondary victims of psychiatric harm. The overcrowding was due to police negligence. 575 (H.L. Alcock v Chief Constable of South Yorkshire Police [1992] 1 AC 310. Case Summary Alcock v Chief Constable of South Yorkshire [1992] AC 310 Facts : There was a football match at Hillsborough and the police were controlling the crowd. Alcock v Chief Constable of South Yorkshire House of Lords. 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. Copyright © 2003 - 2020 - LawTeacher is a trading name of All Answers Ltd, a company registered in England and Wales. University. BENCH: Lord Keith of Kinkel, Lord Ackner, Lord Oliver of Aylmerton, Lord Jauncey of Tullichettle and Lord Lowry. 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. Alcock v Chief Constable of South Yorkshire Police [1991] Alcock v Wraith [1991] Alderson v Booth [1969] Alexander v Freshwater Properties [2012] Alfred McAlpine Construction v Panatown [2001] Allam & Co v Europa Poster Services [1968] Allcard v Skinner [1887] Allen v Gulf Oil Refining [1981] Alliance Bank v Broom [1864] Facts. para 5 Donoghue v. Stevenson [1932… Facts. Academic year. 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). The psychiatric harm must be caused by a sufficiently shocking event. 19th Jun 2019 The claimants were all people who suffered psychological harm as a result of witnessing the Hillsborough disaster. ), and misfeasance in public office The House of Lords held in favour of the defendant. 2020/2021 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. Some witnessed the events on television. 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]. This has been extended to nervous shock (see, for example, Alcock v. Chief Constable of the South Yorkshire Police, [1991] 4 All E.R. VAT Registration No: 842417633. Alcock is the single most important English authority on liability for nervous shock, since although its implications for so-called ‘primary victims’ and rescuers may have been diluted by later case law, as far as … Alcock v Chief Constable of South Yorkshire Police concerned sixteen unsuccessful claims for psychiatric injury (PI) resulting from the Hillsborough disaster. A joined action was brought by Alcock (C) and several other claimants against the head of the South Yorkshire Police. In Alcock v Chief Constable of South Yorkshire Police - Wikipedia they state, at.. Oliver of Aylmerton, Lord Oliver in Alcock v Chief Constable of South Yorkshire Police victims: Direct.. Could meet these conditions, therefore the appeal was dismissed not constitute legal advice and should be treated educational. Distinguishes between primary and secondary victims claims an essentially conservative Alcock v Constable. 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