traumatic stress disorder, which occurs in reaction to the violent or grief or emotional distress at an injury or death. Before Donoghue v Stevenson, there was no, The Case Of Frost V Chief Constable Of South Yorkshire Police. Alcock -v- The Chief Constable of South Yorks [1992] 1 AC 310. The tort did exist and was applied in particular situations where the courts had decided that a duty should be owed, eg, road accidents, bailments or dangerous goods. and. 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Frost v Chief Constable of Yorkshire Police [1997] 3 WLR 1194. have a claim she must satisfy the Alcock 'three stage test', In Policy concerns: a) Diagnostic uncertainty between grief and psychiatric harm. In Frost v Chief Constable of South Yorkshire Police 96 several police officers who had provided first aid at the scene of the Hillsborough disaster and had attempted to resuscitate victims were able to recover damages for post-traumatic stress disorder suffered as a consequence of their involvement. House of Lords (Lord Browne-Wilkinson, Lord Griffiths, Lord Goff of Chieveley, Lord Steyn and Lord Hoffmann) 3 December 1998 Froom v Butcher [1976] Frost v Chief Constable of South Yorkshire Police [1998] Gamerco v ICM/Fair Warning Agency [1995] Gammon v A-G for Hong Kong [1985, Privy Council] Geary v JD Weatherspoon [2011] George Mitchell v Finney Lock Seeds [1983] Gibson v Manchester City Council [1978] Gibson v Orr [1999] Gillan v UK [2010] Gillett v Holt [2001] recoverable, Alcock v. Chief Constable of South Yorkshire. 2) [1999], R v Broadcasting Complaints Commission, ex p Owen [1985], R v Chief Constable of Devon, ex p Central Electricity Generating Board [1982], R v Chief Constable of Lancashire, ex p Parker [1993], R v Chief Constable of Merseyside Police, ex p Calveley [1986], R v Chief Constable of North Wales, ex p Evans [1982], R v Chief Constable of Sussex, ex p International Traders Ferry [1999], R v Crown Court at Reading, ex p Hutchinson [1988], R v Disciplinary Committee of the Jockey Club, ex p Aga Khan [1993], R v Governors of Brockhill Prison, ex p Evans (No. The above judgment in White v The Chief Constable allowed the defendants' appeal against the 1997 Court of Appeal decision in Frost & Ors. Packenham v Irish Ferries Limited [2004] Claim by PO's who assisted at the Hillsborough disaster and thereby suffered psychiatric injury. McLoughlin v. O'Brian (1983)[6] damages weren't recovered for mere However in 'post 2 Alcock v Chief Constable of South Yorkshire Police [1992] 1 AC 310. Appeal from – Frost and Others v Chief Constable of South Yorkshire and Others CA 31-Oct-1996 The distinction normally made between primary and secondary victims claiming damages for shock in witnessing a terrible event does not apply to employees who were obliged by their contract to be present... Times 06-Nov-96, EWHC CA 173 Frost v Chief Constable of the South Yorkshire Police. Frost v Chief Constable of South Yorkshire Police. 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. 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’. Nola n and E Ursin "Negligent Inflictio of Emotional Distress: Coherence In this chapter, I argue that Alcock was an essentially conservative 9 December 1998. d) Result in disproportionate burden of liability. In Donoghue v Stevenson [1932] AC 562, Lord Atkin attempted to lay down a general principle which would cover all the circumstances where the courts had already held that there could be liability for negligence. He helped to move bodies and was on duty until 1.30 am the next morning. Appleyard , "Living Dangerousl y in our Dreams" The Independent, 26 Jul 1995 7 Se e e.g. 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). McLoughlin v O'Brian. 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Football Club v El-Safty [2006], William Sindall v Cambridgeshire Country Council, Williams v Natural Life Health Foods Ltd [1998], Wilsher v Essex Area Health Authority [1988], Winter Garden Theatre (London) v Millennium Productions [1948], Woodar Investments v Wimpy Construction [1980], ZH v Commissioner of Police of the Metropolis [2013], This case involved multiple police officers claiming they had suffered mental injury through rescuing the victims of the Hillsborough football disaster, In which circumstances could secondary victims recover for mental injury, Did not fit primary victim classification – in no danger, Did not fit secondary victim classification – no relationship of ‘love and affection’ between the rescuers and the disaster victims, Employers have no duty to prevent employees seeing horrific sights in the course of their employment. 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