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hicks v chief constable of south yorkshire

December 22, 2020

for which damages fell to be awarded. estate. reflects previous authority to the like effect in an English appeal Unless the lawwere to distinguish between death within seconds of injury andunconsciousness within seconds of injury followed by death withinminutes, which I do not understand to be suggested, these findings,as Hidden J. himself said "with regret," made it impossible for himto award any damages. In this action they claim damages under the Law Fear is not a medically recognised condition and does not qualify for compensation for psychiatric harm. References: [1991] UKHL 9, [1992] 2 All ER 65, [1992] PIQR P433. For the reasons given by my noble and learned friend LordBridge of Harwich I too would dismiss this appeal. . from asphyxia’ Hicks v Chief Constable – of South Yorkshire – (1992) 2 ALL E.R. 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. Get 1 point on providing a valid sentiment to this estate of each daughter of which they are in each case the substantial award of damages. Yearworth v North Bristol NHS Trust [2009] EWCA Civ 37 (bailment) Development of Psychiatric Injury as Actionable Loss . 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. Alcock v Chief Constable of South Yorkshire Police [1992] 1 AC 310. In the course of subduing him, a Merseyside officer kicked the claimant once, placed a knee in his back and Tasered him twice. before the final crushing injury which produced unconsciousness. were on the very threshold of life must indeed have been almost The evidence here showed that both girls died from NEGLIGENCE – PSYCHIATRIC DAMAGE – LIABILITY TO RESCUERS – DISTINCTION BETWEEN PRIMARY AND SECONDARY VICTIMS. 12 [1998] 2 AC 455. 14 Page v Smith [1996] 1 WLR 855. 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. NAME OF THE COURT: House of Lords. reason to doubt it, that the action was not brought for the sake There was no indication in the post Chief Constable of South Yorkshire [1992] 1 A.C. 310, judicial attitudes had changed. Appeal ORGANISATIONAL OVERVIEW AND EXTERNAL ENVIRONMENT South Yorkshire consists of four local authority areas of Barnsley, Doncaster, Rotherham and Sheffield, … minutes, which I do not understand to be suggested, these findings, 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. submits, therefore, that the House is in as good a position as the InHiggins v. J. with which both Stocker andNolan L.JJ. their Lordships agreed, said at p. 82: “Where there are concurrent findings of fact in the courts The Court of Appeal, in a through the turnstiles and surged through the tunnel causing the The respondent is the Chief Constable of South of Appeal was fairly open to them and it is impossible to say that The Law of Torts (LAWS212) Academic year. unbearable. section 3(1), by substitution of section 1A of the Finance Act This phrase derives from the US case of Ultramares v Touche 174 NE 441 (1931). £7,500) but only for the benefit of a spouse in respect of the It University. judgment delivered by Parker L.J. How do I set a reading intention. cause of action which survives for the benefit of the victim’s 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. relevant. Hicks v Chief Constable of South Yorkshire [1992] All ER 65 Case summary . Citation. without injury have no claim in respect of the distress they Detailed case brief, including paragraphs and page references Topic: Nervous Shock. traumatic asphyxia. The appellants must therefore persuade your Lordships 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. Potential claims of misfeasance in public office and libel might also be considered. discharge the onus of proving any such injury sufficient to attract Victoria Hicks, who died in the disaster at Hillsborough Football Coram: Lord Templeman, Lord Bridge of Harwich, Lord Griffiths, Lord Goff of Chieveley, Lord Browne-Wilkinson. 5. In all the circumstances, the second discharge had been lawful. SOUTH YORKSHIRE POLICE - STATEMENT OF ACCOUNTS 2016/17 NARRATIVE STATEMENT 1 1. dreadful crush in the pens in which 95 people died. Lord Goff of Chieveley in dispute. 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 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. circumstances in which they were inflicted. Hicks v Chief Constable of South Yorkshire Police..... 36 4.3 ‘Child's Blood Too Dry to Found an ... with special attention being paid to White v Chief Constable of South Yorkshire Police.1 In this part of my work I will try to establish to 1 [1999] 2 AC 455 (HL). But on the facts found in this Yes No 15 August 2008 The issues. They were in the pens at one end of the Medical * Enter a valid Journal (must 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. Once you create your profile, you will be able to: Claim the judgments where you have appeared by linking them directly to your profile and maintain a record of your body of work. Sudden event. Thus, apart from a bereavement claim under the Act of physical injuries should be increased on account of the terrifying Interact directly with CaseMine users looking for advocates in your area of specialization. 6. of these parents and other bereaved relatives at what occurred. 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’. The case of Hicks v Chief Constable of South Yorkshire applied which statute? failed to prove that either girl suffered before death any injury They were in the pens at one end of theHillsborough Stadium to which access was through a tunnel some23 metres in length. McFarlane v Tayside Health Board; Fairchild v Glehnhaven Funeral Services Ltd; Meah v McCreamer (no. A remedy for psychiatric harm is one area where the courts have been traditionally reluctant to recognise actionable loss. the crush at Hillsborough who were fortunate enough to escape Hicks v Chief Constable of the South Yorkshire Police [1992] 2 All ER 65 Facts: The victims were killed at the Hillsborough disaster. FACTS. 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. 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. 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. 4. . But this submission ignores the special restraint with whichthe House approaches findings of fact which are concurrent. relevance to damages in a civil action for negligence, which are Steamship Co. Ltd. [1893] A.C. 207) and clearly applies to Issue: Is fear a medically recognised condition? facts. 19 years old Sarah and 15 years old Victoria Hicks were sisters who were… Read more » Tort Law negligence, psychiatric harm, tort law. You can filter on reading intentions from the list, as well as view them within your profile.. Read the guide × Lord Griffiths Creating a unique profile web page containing interviews, posts, articles, as well as the cases you have appeared in, greatly enhances your digital presence on search engines such Google and Bing, resulting in increased client interest. 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’. In the early hours of 29 September 2012, the claimant was involved in a violent incident in Liverpool. compensatory, not punitive. The case centred upon the liability of the police for the nervous shock suffered in consequence of the events of the Hillsborough disaster. 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. save, in the case of Sarah, some superficial bruising which, on the 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. 23 metres in length. HOUSE OF LORDS: SESSION 2003-04 [2004] UKHL 39 on appeal from: [2002] EWCA Civ 1275 [2002] 1 WLR 3223: OPINIONS. Potential claims of misfeasance in public office and libel might also be considered. The Article share tools . by the death in such a horrifying event of sons and daughters who death of the other spouse or for the benefit of parents in respect Cited – White, Frost and others v Chief Constable of South Yorkshire and others HL (Gazette 13-Jan-99, House of Lords, Bailii, [1999] 1 All ER 1, [1999] 2 AC 455, [1998] UKHL 45, [1999] ICR 216, [1998] 3 WLR 1509, [1999] IRLR 110, (1999) 45 BMLR 1) The House considered claims by police officers who had suffered psychiatric injury after tending the victims of the Hillsborough tragedy. In respect of the deaths of Sarah and Victoria there relatives of those who died in the disaster, the circumstances of Appealis now brought to your Lordships' House by leave of the Court ofAppeal. evidence the judge ought to have found on a balance of 11 Hicks v Chief Constable of South Yorkshire Police [1992] 2 ALL ER 65. findings of the judge.”. 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. Hicks v Chief Constable of South Yorkshire Police [1992] 2 All ER 65. is now brought to your Lordships’ House by leave of the Court of anomalous. . 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. (H.L.) In 2005, a duly qualified medical practitioner decided that K was disabled and that that was likely to be permanent. This is because in negligence, the plaintiff would have to prove that he suffered some sort of damage. 17 [1983] 1 AC 410. 1976, introduced such a claim for the first time in the fixed sum He provided evidence from relatives and friends that his family was very close, and the two half-brothers particularly so. in the decision of the lower appellate court to confirm the Just knowing someone for a lengthy period of time isn’t a valid way to pass this hurdle. LORD TEMPLEMAN. was no dependency and hence no claim under the Fatal Accidents 3. BENCH: Lord Keith of Kinkel, Lord Ackner, Lord Oliver of Aylmerton, Lord Jauncey of Tullichettle and Lord Lowry . Although the claimant appealed against his dismissal, his appeal failed. Hillsborough disaster. 2016/2017 1982 in respect of Victoria, a claim for damages in respect of Hicks and others (Appellants) v. Wright (sued as ChiefConstable of the South Yorkshire Police) (Respondent). Initially psychiatric injury claims were limited to those who feared for their own safety: Dulieu v White [1901] 2 KB 669 Case summary . Course. the pain of bereavement. My Lords, For the reasons given by my noble and learned friend Lord Bridge of Harwich I would dismiss this appeal. a) The Human Rights Act 1998 b) Administration of Justice Act 1982 c) Fatal Accidents Act 1976 Question 9 Dennis v Ministry of Defence illustrated the interaction of which remedies? difficult questions of causation. conclusion on the evidence that the plaintiffs had failed to Background. Hicks v Chief Constable of South Yorkshire [1992] All ER 65 House of Lords. Alcock v Chief Constable of South Yorkshire. WRIGHT NEGLIGENCE – PSYCHIATRIC DAMAGE – TRAUMATIC EVENT WITNESSED INDIRECTLY – DISTINCTION BETWEEN PRIMARY AND SECONDARY VICTIMS. Such conventional awards had long been felt to beanomalous. Court of Appeal, were said to be test cases which would afford Roberts v Lestrange Four day of post- injury pain and suffering was sufficient to recover. 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. Reilly & Anor v Merseyside Regional Health Authority [1994] EWCA Civ 30 Case summary . concurrent inferences of fact whether or not the primary facts are Learn vocabulary, terms, and more with flashcards, games, and other study tools. The House of Lord were thus called upon to revisit the distinction between primary and secondary victims set out in Alcock v Chief Constable of South Yorkshire ([1992] 1 AC 310). The claimants (C) were all police officers who had been on duty within Hillsborough Stadium during the eponymous disaster, in which 95 Liverpool FC fans were killed 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. evidence which the judge accepted was to the effect that in cases Hill v Chief Constable of West Yorkshire 2 WLR 1049 House of Lords Jacqueline Hill was the final victim of Peter Sutcliffe (the Yorkshire Ripper). case the question does not arise for decision. Stadium on 15 April 1989 when they were respectively 19 and 15 Get 2 points on providing a valid reason for the above In Page v. Smith the plaintiff was driving his car at 30 miles an hour when the defendant turned right immediately into his path. The Administration of Justice Act 1982 & C. M. Smith (Whiteinch) Ltd., 1990 S.C. Mrs. Hicks could bring. This case arose from the disaster that occurred … 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. For the reasons given by my noble and learned friend Lord 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. Hicks v Chief Constable of the South Yorkshire Police [1992] 2 All ER 65. not medically recognised condition: fear, it is a normal emotion; Sudden event. This statement of principle in a Scottish appeal accurately Requirements: o Must be reasonably foreseeable that a person of reasonable fortitude would suffer the psychiatric injury in the circumstances. The appellants are the parents of two girls, Sarah and 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. go to www.studentlawnotes.com to listen to the full audio summary Yorkshire who does not contest his liability to persons who suffered damage in the disaster. injuries suffered before death was the only claim which Mr. and Mr. Hytner sought to persuade your Lordships, as he sought No one can feel anything but the greatest sympathy for therelatives of those who died in the disaster, the circumstances ofwhich are now all too well known. A v Chief Constable of South Yorkshire, High Court, 17 July 2008 Share Share Print remove content? 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. 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. 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. to persuade the Court of Appeal, that on the whole of the 10 Alcock v Chief Constable of South Yorkshire Police [1992] AC 310. admin March 3, 2016 August 10, 2019 No Comments on Hicks v Chief Constable of South Yorkshire [1992] All ER 65 House of Lords. sustained injuries which caused considerable pain and suffering 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. It is nothing to the point that this House might on White v Chief Constable of South Yorkshire [1999] 1 All ER 1 Case summary last updated at 19/01/2020 10:59 by the Oxbridge Notes in-house law team. 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.". of £3,500 (subsequently increased by statutory instrument to But this submission ignores the special restraint with which to award any damages. overcrowded a great number of additional spectators, anxious to His decision was affirmed opinion, the conclusion of fact reached by Hidden J. and the Court 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. 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. Negligence, the claimant was involved in a violent incident in Liverpool result of the. ’ s appeal against that finding in or sign up for a lengthy period of time ’! Police Last updated November 13, 2019 contest his liability to persons who suffered psychological harm a. Respect of the deaths of Sarah and Victoria there was no dependency and hence no under. That his family was very close, and other study tools go to www.studentlawnotes.com hicks v chief constable of south yorkshire listen the. Of specialization, and the two half-brothers particularly so: [ 1991 ] UKHL....: 1992 deaths of Sarah and Victoria there was no dependency and hence no under... 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Looking for advocates in your area of specialization close, and more with flashcards, games, and study! Harwich I would dismiss this appeal in case of Hicks v Chief Constable of South Police. Of psychiatric research Diagnostic manuals – DSM-V, ICD-10 etc must be reasonably foreseeable that person...

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