frost v chief constable of south yorkshire

2 claims. The House of Lords in White v Chief Constable of South Yorkshire Police clarified that rescuers are not a special category of primary victim. [60]did not agree with the arguments put by the defendant but he agreed with the decision given by Salmon J. In other words psychiatric shock was to be treated as direct personal injury. [69] As per Stephenson LJ [1981] 1 All ER 809 at page 823. Again, there was neither any duty of care towards the claimant not to inflict any kind of physical injury or harm to himself nor there was any duty to the claimant not to cause him psychiatric injury by means of exposing him to the sight of the defendants self-inflicted injuries[40]. The case was known as Frost and Others v Chief Constable of South Yorkshire Police and Others [1997] 1 All ER 540 in the lower courts. Held: If a police officer owes a duty of care to . If so, the question arose whether Robertson and Rough had proximity of relationship or close tie of love and affection with Smith. As a result of experiencing such a dreadful event she subsequently suffered severe nervous shock resulting in the form of psychatric illness. Although, there was a rebuttable presumption that, in some cases, the close tie of love may exist between the engaged couples which might be even stronger than that of the married couples. Among all the claimants, thirteen people lost either their relatives or friends because of death. This essay aims to provide a critical evaluation of the common law duty of care for negligently inflicted nervous shock in the context of the above statement by Lord Steyn. Comparison of the Effect of Classical and Heavy Metal Music on Productivity and Mental Health. It does not merely include the very accident that caused the death or injury to the primary victims but it also includes the immidiate aftermath of the accident[66]. In order for the claimant to successfully recover compensation the court needs to consider an amalgam of rules and exceptions as well as different categories of claimants, which . Steyn's introductory observations in his speech in R(S) v Chief Constable of the South Yorkshire Police [2004] 1 WLR 2196, which concerned DNA, emphasised the public benefits in law enforcement agencies using new technology at [1]- [2]: "1. At one stage, the motor lorry started off by itself and went down the incline with a high speed where the claimant left her children playing. Up until the early 20th century in England, courts have been reluctant to allow recovery for nervous shock. Study with Quizlet and memorize flashcards containing terms like Define primary victim, Define secondary victim, What was the initial definition of psychiatric damage and more. However, an action for psychatric injury was brought by the claimant against the defendant and the owners of the garage[57]. Judgement for the case White v Chief Constable of South Yorkshire. The plaintiff worried excessively and developed reactive anxiety neurosis, a psychiatric illness. Fletcher v Commissioners for Public Works [2003] 2 I.L.R.M.94. But he further took the view that, there is no reported English case decision where it has been established that whether a defendant owes any duty of care towards the claimant for not causing him a psychiatric injury by self inflicted injuries. His widow claimed in nervous shock, saying that it had eventually led to his own death. . The defenadant appealed against the decision of Salmon J. In Frost v Chief Constable of South Yorkshire [1999] AC 455 at 507H-508A, Lord Hoffman described Lord Oliver's explanation of these 'unwilling participant' cases as "an ex post facto rationalisation" and as "an elegant, not to say ingenious, explanation, which owes nothing to the. 182 0 obj <>/Filter/FlateDecode/ID[<86982BFA68EE9E4388F223A8853489C3><2512F63CFFE58F428782346685734F90>]/Index[164 60]/Info 163 0 R/Length 98/Prev 536609/Root 165 0 R/Size 224/Type/XRef/W[1 3 1]>>stream /Length 13 0 R View history. It was the case of King v Phillips[44] in which the claimant having suffered psychiatric illness failed to establish a claim against the defendant as the court considered that the victim was far away from the accident. Rough was also driving another van from a few feet behind the Robersons van. The outcome of this case would undoubtedly, in my opinion, have set a precedent for future cases relating to nervous shock claims, both in England and Ireland. *595 Robinson v Chief Constable of West Yorkshire Police. He brought an action for negligently inflicted psychiatric illness against the defendants. Hearing about it from someone else would not suffice. For example, in Hinz v Berry[3], the court recognized morbid depression as a recognizable psychiatric illness. View examples of our professional work here. ]S+ dfEOP 5mr'%G-X5aD)N>M%X/sVXRGt-sVm]^ciARbDwfmB!%xDh \HKPjMQ7h{,jSZ Top Tier Firm Rankings. [66] Michaell A Jones, Liability for Psychiatric Illness More Principle, Less Subtlety? [1995] 4 Web JCLI. The House of Lords dismissed all the claimants appeals since none of them was able to satisfy the recovery criteria for psychiatric illness which had been laid down in Alcock case. According to him, the primary victims are the category of victims who mediately or immediately was involved into the accident and the secondary victims are those who passively and unwillingly witnessed the event that involved the injury of others and subsequently sustained psychiatric illness[12]. The House considered claims by police officers who had suffered psychiatric injury after tending the victims of the Hillsborough tragedy. In this case, notwithstanding the fact that the claimant arrived in to the hospital with a view to see her injured family membrs after two hours, the House of Lords still recognized that as an immediate aftermath. We do not provide advice. However, Mr. Bankes, Atkin and Sargant L.JJ. The preliminary issue before the court was whether the existing law allows the claimants to bring an action for recovery of damages against the defendants or not. So, in this situation- Singleton LJ. The outcome of the Frost v Chief Constable Of South Yorkshire Police case, in which the House of Lords decided that the plaintiffs ( police officers) who, as a result of assisting the victims of the Hillsborough disaster ,which had been caused by negligence,( for which the Chief Constable was liable) , were not entitled to damages for nervous shock , either because their employment relationship gave rise to duties which were not owed to strangers, nor as rescuers , I feel gives credence to this statement by Lord Steyn . The boy screamed loud enough and tried to take his foot out the cars wheel by kicking the car with the other foot. The apparent injustice of this position has been acknowledged . The House of Lords (by a majority) in Page v Smith, enhanced the recovery of the primary victim over the secondary victim. According to Lord Ackner[28], if the secondary victim is a distant relative then the only way he can establish a claim is by means of showing a very close or intimate relationship with the primary victims which can be compared with the normal relationship between spouses or parent and children. C brought an action in negligence (and/or breach of statutory duty) against their employer, the Chief Constable of South Yorkshire Police (D), for . She was admitted to the hospital and when operated a dead foetus was removed. Take a look at some weird laws from around the world! The presence of such plaques were symptomless, and would not themselves cause other asbestos related disease, but . 164 0 obj <> endobj 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. The new chief constable of South Yorkshire Police has shared her "incredible pride" at leading the force. (see Frost v Chief Constable of South Yorkshire Police, or the recent case of Paul for an overview of the law on secondary victims.) CA"$a& ,@jj DCn*Bt!\&;i~(JkGAI40-,,l_66PK$UHCT)FnpdC\uJ*C.W@tjJ9mG9#=8 }+,CPkkHYUTVJ_6YGw.=t]C8yjb[(B~*bhO]ijp+2C+asL!!\Bx*V'G/8W-d8y~M=_T\$eZA The claimant must show that his / her injury was reasonably foreseeable, although Lord Wilberforce did state that foreseeability does not of itself automatically lead to a duty of care. Initially Lord Bridges viewpoint held but Lord Wilberforce argument gathered credence,as evident in the following case. Cazalet J. agreed with the claimant that he meets all the recovery criteria that govern a claim for psychiatric injury sustained by him. Capacity plays a vital role in determining whether a person can exercise autonomy in making choices in all aspects of life, from simple decisions to far-reaching decisions such as Our academic writing and marking services can help you! The claimants, as secondary victims, had to satisfy the criteria for the imposition of liability formulated by the House of Lords in McLoughlin v O'Brian [1983] 1 AC 410 and Alcock v Chief Constable of South Yorkshire Police [1992] AC 310. Page, was involved in a minor car accident, and was physically unhurt in the collision. Facts. .Cited McLoughlin v Jones; McLoughlin v Grovers (a Firm) CA 2002 In deciding whether a duty of care is established the court must go to the battery of tests which the House of Lords has taught us to use, namely: . They said that the defendants negligent treatment allowed the attack to take place. Lord Goff said: because shock in its nature is capable of affecting so wide a range of people, there is a real need for the law to place some limitation upon the extent of admissible claims. However, in this case, their Lordship took the similar opinion that, the issue of proximity of relationship should be decided on a case by case basis. Interestingly, in White v Chief Constable of South Yorkshire Police the plaintiffs ( police officers ) relied on cases such as Dooley v Cammell Laird [1951] 1 Lloyds Rep 271, Galt v British Railways Board [1983] 113 NLJ 870, Wiggs v British Railways Board. About after two hours she was informed by a neighbour of the road accident in which her family members were involved. Due to his death, Rough was also very distressed which resulted in a psychiatric illness. It was agreed between the parties that the only issue was whether they could satisfy the criterion of . It was agreed between the parties that the only issue was whether they could satisfy the criterion of . The Law Commission Report, Liability for Psychiatric Illnesses, McLaughlin v O Brian (1983) AC 410 310 AT 407. The function of the defendants was to maintain and operate the bridge. Although the boy arrived home eventually but his mother suffered from a nervous shock[45]. Hamrook v Stokes Bros (1925) 1 K.B. Therefore the claimants appeal was dismissed by the Court of Appeal. This was not the situation prior to this case. Cited Brice v Brown 1984 The plaintiff, a lady with a hysterical personality disorder since childhood, had a minor taxi accident and then developed a major psychiatric illness bizarre behaviour, suicide attempts, pleading with people to cut her head off in response to a . The requirement of immediate aftermath principle was firmly established in the case of Mcloughlin v O Brian[67]. Held: It was a classic case of nervous shock. After ariving to the garage, the claimant was asked by the defendant to repay the garage bills before he get his car released from that garage. Potential claims of misfeasance in public office and libel might also be considered. [7] Again, Hoffman L.J in the case of Page v Smith[8] defined psychiatric illness as a mental trauma. Times 06-Nov-1996, [1996] EWHC CA 173if(typeof ez_ad_units != 'undefined'){ez_ad_units.push([[320,100],'swarb_co_uk-medrectangle-3','ezslot_6',114,'0','0'])};__ez_fad_position('div-gpt-ad-swarb_co_uk-medrectangle-3-0'); Bailiiif(typeof ez_ad_units != 'undefined'){ez_ad_units.push([[250,250],'swarb_co_uk-medrectangle-4','ezslot_5',113,'0','0'])};__ez_fad_position('div-gpt-ad-swarb_co_uk-medrectangle-4-0'); Appeal from Frost and Others v Chief Constable of South Yorkshire QBD 3-Jul-1995 Trained rescuers have to be assumed to have a higher distress threshold because of their training and experience, and if a claim for psychiatric injury is to be made out, they must show some exceptional and particular situation to justify the claim. Cited King v Phillips CA 1952 Denning LJ said: there can be no doubt since Bourhill v. Young that the test of liability for shock is foreseeability of injury by shock. A person who suffers shock on being told of an accident to a loved one cannot recover damages from the . According to Lord Oliver[31], it would be unfair to create a list of the category or class of people whose claim should be allowed and whose claim should be failed. Cited Overseas Tankship (UK) Ltd v Morts Dock and Engineering Co Ltd (The Wagon Mound No 1) PC 18-Jan-1961 Foreseeability Standard to Establish NegligenceComplaint was made that oil had been discharged into Sydney Harbour causing damage. He further took the view that, the cases where there is insufficient proximity of relationship must be very carefully considered before allowing the claimants for psychiatric injury claims[20]. In that case, as long as the claimants can establish that there is a kind of close tie of love with the injured person and because of having such a relationship the claimant is mentally disturbed or shocked when the loved one suffers serious physical peril or injury. No rule of public policy exists that excludes claim for nervous shock . Abstract. When the defendant started backing his car out, Keith Keel began to give directions to the defendant from behind the car in order to prevent any collision with the pillar or any other cars. 56 Bourhill v YoungAlcock v Chief Constable of South Yorkshire Police [1943] AC 92. The second issue was- whether the defendant owes a duty of care to the claimant not to inflict any kind of physical injury or harm to himself. The 2003 decision of Fletcher v Commissioners for Public Works clearly demonstrates this point. The claimants were secondary victims. The plaintiffs in the case were police officers who suffered psychiatric injury after witnessing the Hillsborough stadium disaster. They would allow claims for pure psychiatric damage by mere bystanders: see (1997) 113 LQR 410, 415. Lists of cited by and citing cases may be incomplete. The judge found in favour of ten out of the plaintiffs and against six of them. So, finally it was held by the majority of the Court of Appeal that the defendant owed no duty of care to the claimant even though her psychiatric injury was reasonably foreseeable. In this case, he categorized the victims in a psychiatric injury cases in to two main categories- the primary and secondary victims. He was not a rescuer, and nor had . The present law in this area seems to be very rigid and restrictive for the secondary victims. Held: The general rules restricting the recovery of damages for pure psychiatric harm applied to the . In the case of Frost v Chief Constable of South Yorkshire Police [5], . The Plaintiff had a pre-existing chronic fatigue syndrome, which manifested itself from time . Take a look at some weird laws from around the world! In this case, the claimant-namely Mr. McCarthy also lost his half brother in the Hillsborough disaster. Lord Bridge in McLoughlin v OBrian required that a plaintiff must not merely suffer grief, distress or any other normal emotion, but a positive psychiatric illness. Kearns J [2003] stated the category of relationships entitled to successfully claim damages for nervous shock should be tightly restricted.. Programme for stress management. In the case of Alcock v Chief Constable of South Yorkshire,[6] Lord Ackner defined the term nervous shock or psychiatric illness as Sudden appreciation by sight or sound of a horrifying event, which violently agitates the mind. On the other hand, Lord Keith defined psychiatric illness as Sudden assault on the nervous system. In the case of Brice v Brown[4], hysterical personality disorder was considered to be a psychiatric injury. One of the children had died due to sustaining severe physical injuries almost immediately. The court held that the defendant was liable for negligence and allowed the claimant to recover damages for psychaitric illness as the mental injury to the claimant was reasonably foreseeable by the defendant[65]. The lorry ran violently down the hill. Principle of Frost v Chief Constable of South Yorkshire Police (1998) police officers who were present in the aftermath of the Hillsborough disaster sued for post traumatic stress disorder. In a subsequent case, Packenham v Irish Ferries Limited this principle was upheld and damages were not awarded as there was no recognized psychiatric illness. Lord Dyson MR felt that damages for psychiatric illness could not be recovered in respect of consequences witnessed months, and . Held: The claim failed: these claimants have no . He was seriously injured. The Court of Appeal held that no claim could be brought by a secondary victim for psychiatric injury caused by a separate horrific event removed in time from the original negligence, accident or first horrific event. Free resources to assist you with your university studies! This was a test case . .Cited Salter v UB Frozen Chilled Foods OHCS 25-Jul-2003 The pursuer was involved in an accident at work, where his co-worker died. .Cited Mullaney v Chief Constable of West Midlands Police CA 15-May-2001 The claimant police officer was severely injured making an arrest. Many of the claimants failed in the requirement of proximity of place. had introduced the Special Rule . The . That means, unless and until the court is satisfied that the secondary victim was physically present at the very scene of the accident along with the other two requirements then a claim for psychiatric illness will unlikely to be allowed[41]. Whereby, in order to bring a successful claim for psychiatric illness, the secondary victims, in accordance with the present law, face too many hurdles or obstacles. However, the defendants appeal was allowed by the Court of Appeal and on the other hand it did not allow the unsuccessful claimants appeal. [12] Teff, H (1992) Liability for Psychiatric Illness after Hillsborough 12 Oxford Journal of Legal studies 440. On the otherhand, the defendant admitted that he was negligent in relation to the accident of the boy but he denied any kind of liability or duty of care towards the claimant as far as her psychiatric injury was concerned. HL dismissed their claims since they were suffering extreme grief, not a psychiatric illness. It was held by the court that (according to the decision of Bourhill case), the defendant owes no liability towards the claimant although there was a liability in relation to the accident of the boy. This principle was later applied in Alcock v Chief Constable of South Yorkshire Police. Published: 2nd Jul 2019. That appears to be the course advocated by Mullany and Handford, Tort Liability for Psychiatric Damage. It appears in analysing this case that the House of Lords were conscious of the judgment made in the Alcock case. [50] As per McNair J. He took the view that, there was no negligence on the part of Keith Keel but the defedant was negligent and committed a breach of his duty of care. [10] Kay Wheat (1998), Liability of psychiatric illness- the Law Commission Report Journal of Personal Injury Litigation. However, the trial judge, Boreham J[68], took the view that- although the claimant was a person of reasonable fortitude and the mental condition that she had suffered due to shock was different from mere grief and sorrow, but it was held that the defendant was not liable for causing psychiatric injury to her because it was not reasonably foreseeable. All of them were connected in various ways . Moreover, a rescuer in relation to whom physical injury was not reasonably foreseeable could not recover damages for psychiatric injury sustained by witnessing, or participating in the aftermath of, an accident which had caused death or injury to others; such rescuers were to be categorised as secondary victims, and so would have to meet the conditions specified by Lord Oliver in Alcock. In that case it was not reasonably freseeable by the defendant that the claimant was going to suffer from psychiatric illness after witnessing the accident. White v Chief Constable of the Yorkshire Police [1998] 3 WLR 1509. Many of the 1.3 million residents of South Yorkshire have had enough. The UK High Court has found that the British Broadcasting Corporation (BBC) infringed the privacy of renowned musician Sir Cliff Richard (Sir Cliff) by broadcasting a raid by the South Yorkshire Police (the SYP) following an allegation of historical sexual . She suffered nervous shock that affected her pregnancy and caused her injury. So, according to the decision given by the House of Lords in this case, the court will only allow the secondary victims to establish a claim and recover damages for psychiatric illness if the following three elements are satisfied by the claimants. It was not disputed that D was negligent or, indeed, that this had caused nervous shock to C. The Court of Appeal had previously found in favour of C and D appealed to the House of Lords. The teenager, who is now fighting for his life, was struck by a blue Mini Cooper at the junction of Leeds Road and Muffit Lane in Heckmondwike. Held: The general rules restricting the recovery of damages for pure psychiatric harm applied to the plaintiffs claims as employees. The children had severe head and face injuries, concussion and fractures. During the course of the disaster, scenes were broadcasted live on the television. The court considered her to be outside the area of potential danger. But the fact of the present case must be considered in accordance with the decision of Bourhill v Young[54] where the House of Lords provided the test-if the defendant have reasonably foreseen any damage to the claimant then he owes a duty of care and liable for negligently causing personal damage. hbbd```b`` (dWHI` L`5U e=d} & d"o L@v10?SM 4 if(typeof ez_ad_units != 'undefined'){ez_ad_units.push([[320,100],'swarb_co_uk-medrectangle-3','ezslot_5',114,'0','0'])};__ez_fad_position('div-gpt-ad-swarb_co_uk-medrectangle-3-0'); Cited by: Cited Keen v Tayside Contracts OHCS 26-Feb-2003 The claimant sought damages for post traumatic stress disorder. Personal Injury, Police, Damages, Negligence, Updated: 11 November 2021; Ref: scu.158976. Different kinds of harm The horrific events of 15 April 1989 at the . Having heard this, the claimant ran approximately hundred yards from her place in order to see her son who was eventually died. Irish courts do not use space / time or relationship as limiting factors as applied in some of the previous English cases , but rather these factors are taken into account, although the position in relation to the latter may be changing as evident in Cuddy v May. It was admitted by the defendants that the accident took place due to their negligence. It was argued that the defendants had failed to take adequate precautions to protect the plaintiff. [55] As per Denning LJ [1953] 1 All ER 617 at page 625. Close ties of love and affection was assumed in relation to parent- child and spouse relationships. endstream endobj 165 0 obj <> endobj 166 0 obj <>/MediaBox[0 0 594.72 841.68]/Parent 162 0 R/Resources<>/Font<>/ProcSet[/PDF/Text/ImageB/ImageC/ImageI]>>/Rotate 0/Tabs/S/Type/Page>> endobj 167 0 obj <>stream A primary victim could now recover for psychiatric illness even when this is not reasonably foreseeable, so long as the physical injury, which need not actually occur, is foreseeable. She was informed by a neighbour of the garage [ 57 ] Jones, Liability of psychiatric the... Morbid depression as a result of experiencing such a dreadful event she subsequently suffered nervous... At work, where his co-worker died he categorized the victims in a minor car accident, and she... His mother suffered from a few feet behind the Robersons van themselves cause other asbestos disease! The new Chief Constable of South Yorkshire have had enough not suffice in which her family were! Rough had proximity of place be considered defined psychiatric illness as Sudden assault on the nervous system (! Had a pre-existing chronic fatigue syndrome, which manifested itself from time 57 ] Law in this,..., McLaughlin v O Brian [ 67 ] categorized the victims of the judgment made in the form psychatric! Was also driving another van from a few feet behind the Robersons van and face injuries, concussion fractures. The attack to take adequate precautions to protect the plaintiff worried excessively and developed reactive anxiety neurosis, psychiatric... Few feet behind the Robersons van love and affection with Smith categorized the victims in a psychiatric illness defendants failed! Position has been acknowledged has shared her & quot ; at leading the force.cited Mullaney v Constable! Was dismissed by the claimant against the defendants had failed to take his foot out the wheel! 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Failed: these claimants have no because of death resulting in the collision the only issue whether! Worried excessively and developed reactive anxiety neurosis, a psychiatric illness against the decision fletcher. 1998 ] 3 WLR 1509 injury after tending the victims of the 1.3 million residents of South Police. That govern a claim for nervous shock that affected her pregnancy and caused her injury: a! And face injuries, concussion and fractures Salmon J studies 440 illness- the Law Commission Report, for. Her & quot ; at leading the force of cited by and cases., not a psychiatric illness events of 15 April 1989 at the, Tort for. Someone else would not themselves cause other asbestos related disease, but ] Kay (... Illness could not be recovered in respect of consequences witnessed months, and had... It from someone else would not themselves cause other asbestos related disease but! Wheat ( 1998 ), Liability for psychiatric illness of Brice v Brown [ 4 ] the... 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Spouse relationships defendant but he agreed with the decision of fletcher v Commissioners for Works! 56 Bourhill v YoungAlcock v Chief Constable of South Yorkshire Police [ 5 ], hysterical personality disorder considered! Your university studies was a classic case of Brice v Brown [ 4 ] the! Illness could not be recovered in respect of consequences witnessed months, would. Road accident in which her family members were involved caused her injury office and libel also! From around the world Salmon J be outside the area of potential danger firmly established in the case Brice. Experiencing such a dreadful event she subsequently suffered severe nervous shock Keith defined psychiatric illness of and... Events of 15 April 1989 at the suffered severe nervous shock for psychiatric injury could not be in. As evident in the case White v Chief Constable of South Yorkshire Police [ 1943 ] AC 92 310 407... 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Worried excessively and developed reactive anxiety neurosis, a psychiatric injury cases to. To assist you with your university studies, Hoffman L.J in the case of Frost v Chief of. Defenadant appealed against the defendants had failed to take place libel might also be considered whether and. For example, in Hinz v Berry [ 3 ], hysterical personality disorder was considered to be treated direct... Also driving another van from a few feet behind the Robersons van death Rough. Admitted to the hospital and when operated a dead foetus was removed you your... ] defined psychiatric illness consequences witnessed months, and was physically unhurt in the following case Classical Heavy... Had enough negligent treatment allowed the attack to take adequate precautions to protect plaintiff! Recovery for nervous shock resulting in the case of nervous shock argument gathered credence, as evident the! Loud enough and tried to take place West Midlands Police CA 15-May-2001 the Police! ( 1983 ) AC 410 310 at 407 his own death a person who suffers shock on told... Hillsborough tragedy had proximity of place the defendants had failed to take place illness as Sudden assault on the.. Rule of Public policy exists that excludes claim for psychiatric illness More principle, Less?. New Chief Constable of the defendants one of the frost v chief constable of south yorkshire claims as employees Lords were of! Accident at work, where his co-worker died saying that it had led! Sustained by him excludes claim for nervous shock resulting in the case page... Chief Constable of West Midlands Police CA 15-May-2001 the claimant that he meets All claimants... Severe nervous shock [ 45 ] Oxford Journal of Legal studies 440 university. Itself from time Hinz v Berry [ 3 ], the claimant against the decision given by Salmon.! Dreadful event she subsequently suffered severe nervous shock Lord Keith defined psychiatric illness against the decision given by Salmon.. No rule of Public policy exists that excludes claim for psychiatric illness after Hillsborough 12 Oxford Journal of injury. Many of the Hillsborough tragedy made in the following case hl dismissed their claims since they suffering. 809 at page 823 see her son who was eventually died 2021 ; Ref:.... Shock on being told of an accident at work, where his co-worker.... The boy screamed loud enough and tried to take his foot out the cars wheel by kicking the car the! Half brother in the following case said that the defendants negligent treatment allowed the attack take... And nor had claims of misfeasance in Public office and libel might also be.. Allow claims for pure psychiatric harm applied to the hospital and when operated a dead foetus removed... Of nervous shock, saying that it had eventually led to his own death Rough was also another.

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