For him to have been reasonably in contemplation by a defendant he must be: The requirement contained in the words "so closely and directly affected ... that" constitutes a control upon the test of reasonable foreseeability of injury. This case arose from the disaster … RK V South Yorkshire Police and Another The Hon Mr Justice Coulson: 1. In another judgment (Frost v Chief Constable of South Yorkshire Police [1999] 2 AC 455), Lord Hoffman said that "the search for principle was called off [in Alcock]". FACTS. It is in issue whether the illness of which each plaintiff complains is causally attributable to the circumstances in which he or she became aware of the death of the primary victim. 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. The means by which the shock is caused constitutes a third control, although in these appeals I find it difficult to separate this from proximity. For this purpose the accident is to be taken to include its immediate aftermath, which in McLoughlin's case was held to cover the scene at the hospital which was experienced by the plaintiff some two hours after the accident. (Appellants) and. 3d 1316, 1326, that the existence of the duty must depend on reasonable foreseeability and. INTRODUCTION 1. It was argued on their behalf that the law has never excluded strangers to the victim from claiming for nervous shock resulting from the accident. I doubt whether the reason for this can be found by an appeal to logic, for there is, on the face of it, no readily discernible logical reason why he who carelessly inflicts an injury upon another should not be held responsible for its inevitable consequences not only to him who may conveniently be termed "the primary victim" but to others who suffer as a result. 430, where the plaintiff was herself directly involved as a victim in the accident in which her husband was killed. Broadly they divide into two categories, that is to say, those cases in which the injured plaintiff was involved, either mediately or immediately, as a participant, and those in which the plaintiff was no more than the passive and unwilling witness of injury caused to others. THE CHIEF CONSTABLE OF SOUTH WALES POLICE -and- SECRETARY OF STATE FOR THE HOME DEPARTMENT -and- ... Judgment Approved by the court for handing down R (Bridges) v CCSWP and SSHD Lord Justice Haddon-Cave and Mr. Justice Swift: A. The extension of the scope of this cause of action sought in these appeals is not on any such ground but, so it is contended, by the application of established legal principles. Alcock v Chief Constable of South Yorkshire Police [1991] Facts. Lord Bridge propounded simply a criterion of the reasonable foreseeability by the defendant of the damage to the plaintiff which had occurred without necessarily invoking physical presence at or propinquity to the accident or its aftermath or any particular relationship to the primary victim as limiting factors, although, of course, clearly these elements would be important in the determination of what, on the facts of any given case, would be reasonably foreseeable. gave judgment allowing the defendant's appeals in the cases of the nine formerly successful plaintiffs and rejecting the appeals of the six unsuccessful ones. It is, however, worth noting that the pursuer's claim was not dismissed in limine on the ground that she was no more than, at highest, a mere spectator. 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. 429, where a mother's claim for damages for shock caused by witnessing a near accident to her child was rejected, would be decided in the same way today in the light of later authorities. In both McLoughlin v. O'Brian [1983] 1 A.C. 410 and in Alcock v. Chief Constable of South Yorkshire [1992] 1 A.C. 310, members of the House referred to Chadwick with approval. The Court of Appeal found there to be no duty of care owed and no breach. In the context of the instant appeals the cases of the former type are not particularly helpful, except to the extent that they yield a number of illuminating dicta, for they illustrate only a directness of relationship (and thus a duty) which is almost self-evident from a mere recital of the facts. But see the pre-Alcock approach inHevican v.Ruane [1991] 3 All E.R. Alcock v Chief Constable of South Yorkshire was a case where the actings of the police were negligent by reason of the opening of the pens, thereby creating danger to the spectators who then entered them in excessive numbers. The trauma is created in part by such confirmation and in part by the linking in the mind of the plaintiff of that confirmation to the previously absorbed image. Cases in which damages are claimed for directly inflicted injuries of this nature may present greater difficulties of proof but they are not, in their essential elements, any different from cases where the damages claimed arise from direct physical injury and they present no very difficult problems of analysis where the plaintiff has himself been directly involved in the accident from which the injury is said to arise. The defendant has throughout contested liability on the ground that, in all the circumstances, he was not in breach of any duty of care owed to the the plaintiffs. The answer cannot, I think, lie in the greater foreseeability of the sort of damage which the plaintiff has suffered. The three elements are (1) the class of persons whose claims should be recognised; (2) the proximity of such persons to the accident - in time and space; (3) the means by which the shock has been caused. In Dulieu v. White & Sons [1901] 2 KB 669, a plaintiff who suffered nervous shock as a result of fears for her own safety caused by the defendant's negligence was held to have a cause of action. Alcock v Chief Constable of South Yorkshire Police - Wikipedia They state, at pp. Although it is convenient to describe the plaintiff in such a case as a "secondary" victim, that description must not be permitted to obscure the absolute essentiality of establishing a duty owed by the defendant directly to him - a duty which depends not only upon the reasonable foreseeability of damage of the type which has in fact occurred to the particular plaintiff but also upon the proximity or directness of the relationship between the plaintiff and the defendant. Vincent [1991] UKHL J1128-1. Victoria University of Wellington. 3. However in the case of negligence causing shock different considerations apply because of the wide range of people who may be affected. That cannot, I think, be attributable to some arbitrary but unenunciated rule of "policy" which draws a line as the outer boundary of the area of duty. The nervous shock resulted from the plaintiff's fear that the falling load would injure or kill some of his fellow workmen. INTRODUCTION 1. Lastly, in each case there was not only an element of physical proximity to the event but a close temporal connection between the event and the plaintiff's perception of it combined with a close relationship of affection between the plaintiff and the primary victim. However a rescuer and a crane driver have recovered damages for nervous shock sustained as a result of fear for the safety of others in circumstances to which I must now advert. In any event, there is in many cases, as for instance cases of direct physical injury in a highway accident, an almost necessary coalescence of the twin elements of foreseeability and proximity, the one flowing from the other. His path they introduce the requirement of `` proximity '' as including the accident and its immediate aftermath succeed. Too Schneider v. 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