alcock v chief constable

Rescue He gave the example of a live broadcast filming close-up to an event where the accident unexpectedly occurs. The claimants were all people who suffered psychological harm as a result of witnessing the Hillsborough disaster. Alcock and others v Chief Constable of the South Yorkshire Police CIVIL Alcock and others claimed damages for the psychiatric harm they suffered as a result of experiencing such a horrific event. The claimants sued the defendant (the employer of the police officers attending the event) in negligence. para 5 Donoghue v. Stevenson [1932… Academic year. The disaster was broadcast on live television, where several claimants alleged they had witnessed friends and relatives die. The House of Lords held in favour of the defendant. 19th Jun 2019 A joined action was brought by Alcock (C) and several other claimants against the head of the South Yorkshire Police. Twenty-three years on there remains questions as to whether or not the right decision was arrived at and whether or… Yet other categories are liability for negligent misstatement: Hedley Byrne & Co. v. Heller & Partners Ltd., [1963] 2 All E.R. University. Victoria University of Wellington. Lord Ackner thought that not all cases where the accident is viewed remotely would be excluded. Copyright © 2003 - 2020 - LawTeacher is a trading name of All Answers Ltd, a company registered in England and Wales. 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 overcrowding was due to police negligence. Alcock v Chief Constable of South Yorkshire Police is similar to these court cases: Caparo Industries plc v Dickman, Dorset Yacht Co Ltd v Home Office, Stovin v Wise and more. 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. He speculated where what was seen on television was equivalent to seeing it in person, the ‘unaided senses’ requirement could be dispensed with. 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. Lord Keith of Kinkel commented that psychiatric harm to an unconnected bystander might still be foreseeable if the event was particularly horrific. To export a reference to this article please select a referencing stye below: Our academic writing and marking services can help you! 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. Others were present in the stadium or had heard about the events in other ways. para5 Hambrook v. Stokes Brothers [1925] 1 K.B. 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). Detailed case brief, including paragraphs and page references Topic: Nervous Shock. Looking for a flexible role? Company Registration No: 4964706. 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. 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 claimants were all people who suffered psychological harm as a result of witnessing the Hillsborough disaster. He defined shock as ‘the sudden appreciation by sight or sound of a horrifying event, which violently agitates the mind.’. Alcock v Chief Constable of South Yorkshire – Case Summary. Registered office: Venture House, Cross Street, Arnold, Nottingham, Nottinghamshire, NG5 7PJ. 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. Case: Alcock v Chief Constable of South Yorkshire Police [1991] UKHL 5. Serena Josrin. Any opinions, findings, conclusions, or recommendations expressed in this material are those of the authors and do not reflect the views of LawTeacher.net. 14th Jun 2019 Case Summary Reference this In-house law team Jurisdiction(s): UK Law. We also have a number of sample law papers, each written to a specific grade, to illustrate the work delivered by our academic services. Universiti Teknologi MARA. Alcock & ors v Chief Constable of South Yorkshire [1992] AC 310 House of Lords. 575 (H.L. 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 v Chief Constable of South Yorkshire Police concerned sixteen unsuccessful claims for psychiatric injury (PI) resulting from the Hillsborough disaster. o McLoughlin v O'Brian laid down criteria by which claim by secondary victim could be assessed, while opposing expansion HoL adopted and approved McLoughlin criteria in decision of Alcock v Chief Constable of South Yorkshire [1991] 4 All ER 907 which is leading case in regard to secondary victims Alcock and Others v Chief Constable of South Yorkshire Police: HL 28 Nov 1991 The plaintiffs sought damages for nervous shock. 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. 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. 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. The game got underway before everyone had entered the stadium. 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. Course. 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’. 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]. Any information contained in this case summary does not constitute legal advice and should be treated as educational content only. The Law of Torts (LAWS212) Academic year. 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. Classify as primary victims: Direct involvement cases where the accident unexpectedly.. 435 ) Uploaded by underway before everyone had entered the stadium Lords held in of. Game got underway before everyone had entered the stadium law 435 ) Uploaded by the sudden appreciation sight!, para 5 Abramzik v. Brenner [ ( 1967 ) 65 D.L.R v. Stokes Brothers 1925! 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