Whether a person is to be regarded as a rescuer will be a question of fact to be decided on the . The first is to wipe out recovery in tort for pure psychiatric injury. Eventually, at about midnight, having gone to the mortuary he managed to identify the bruising dead body of his brother in law. Personal Injury, Police, Damages, Negligence, Updated: 11 November 2021; Ref: scu.158976. Appeal from White, Frost and others v Chief Constable of South Yorkshire and others HL 3-Dec-1998 No damages for Psychiatric Harm Alone The House considered claims by police officers who had suffered psychiatric injury after tending the victims of the Hillsborough tragedy. [1952] 2 All ER 459 at page 460. 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. An employer has a duty to protect his employees from physical but not psychiatric harm unless there was also a physical injury. In the case of Mcloughlin v O Brian[18], Lord Wilberforce[19] took the view that, the reasonable foreseeability should be the only criteria to determine the defendants liability towards the class of person to whom the duty of care might be owed not to inflict any psychiatric injury through nervous shock sustained by reason of physical injury or peril to another. So according to Keiths directions the defenadant was backing his car out and paying attention to him. Cases Referenced. *You can also browse our support articles here >. . 1 . There are many examples where it has been seen that a person after sustaining a genuine shock could not recover damages for psychiatric illness only because of being failure to establish the fact that there was sufficient proximity of the secondary victim in time and place with the accident. Copyright 2003 - 2023 - UKDiss.com is a trading name of Business Bliss Consultants FZE, a company registered in United Arab Emirates. However, an action for psychatric injury was brought by the claimant against the defendant and the owners of the garage[57]. Consequently, actions brought by the potential claimants or the victims of psychiatric illness have often been unsuccessful for a number of reasons despite of having been suffered genuine recognized psychiatric injury[1]. She was admitted to the hospital and when operated a dead foetus was removed. This was a case which involved a huge disaster in the Hillsborough football stadium[23]. Cited McFarlane v E E Caledonia Ltd CA 10-Sep-1993 The court will not extend a duty of care to mere bystanders of horrific events. Reference this . After a long examination of the case law by several of their Lordships, the three control . The boy screamed loud enough and tried to take his foot out the cars wheel by kicking the car with the other foot. but the court dismissed their claims for damages, claiming that they did fulfill the criteria of rescuers. 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. Recovery, on the other hand, for a secondary victim is differentiated and is much more restricted. Mental Health of Adolescent and Young Adult Cancer Survivors. The function of the defendants was to maintain and operate the bridge. complexities encountered by the court in Frost in applying the principles laid down by Alcock v Chief Constable of the South Yorkshire Police14 and Page v Smith15 are also highlighted. Potential claims of misfeasance in public office and libel might also be considered. . After the Alcock case, the English courts have adopted a further strict approach of the requirement of close tie of love and affection when there is an issue of successful action for psychiatric illness by the secondary victims. [39] As per Cazalet LJ. 5th Oct 2021 No damages for Psychiatric Harm Alone. He suffered only psychiatric injury. Programme for stress management. The facts of this case are, on the 19th October 1973, a friend came to the claimants house to tell her of a serious accident involving her husband and three children, two hours after it had occurred. Before discussing the above cases, it is essential to give a brief outline of the term nervous shock and its history. Having heard the scream the father (claimant) rushed into the spot and found his son with his foot trapped by the cars wheel. Alcock -v- The Chief Constable of South Yorks [1992] 1 AC 310. X (Adopted Child: Access To Court File): FC 9 Sep 2014, Frost and Others v Chief Constable of South Yorkshire and Others, Alcock and Others v Chief Constable of South Yorkshire Police, Overseas Tankship (UK) Ltd v Morts Dock and Engineering Co Ltd (The Wagon Mound No 1), Glen and Other v Korean Airlines Company Ltd, Mullaney v Chief Constable of West Midlands Police, McLoughlin v Jones; McLoughlin v Grovers (a Firm), Campbell v North Lanarkshire Council and Scottish Power Plc, Rothwell v Chemical and Insulating Co Ltd and Another, Waters v Commissioner of Police for the Metropolis, French and others v Chief Constable of Sussex Police, Johnston v NEI International Combustion Ltd; Rothwell v Chemical and Insulating Co Ltd; similar, Zurich Insurance Plc UK Branch v International Energy Group Ltd, Paul and Another v The Royal Wolverhampton NHS Trust, James-Bowen and Others v Commissioner of Police of The Metropolis, British Airways Plc v British Airline Pilots Association: QBD 23 Jul 2019, Wright v Troy Lucas (A Firm) and Another: QBD 15 Mar 2019, Hayes v Revenue and Customs (Income Tax Loan Interest Relief Disallowed): FTTTx 23 Jun 2020, Ashbolt and Another v Revenue and Customs and Another: Admn 18 Jun 2020, Indian Deluxe Ltd v Revenue and Customs (Income Tax/Corporation Tax : Other): FTTTx 5 Jun 2020, Productivity-Quality Systems Inc v Cybermetrics Corporation and Another: QBD 27 Sep 2019, Thitchener and Another v Vantage Capital Markets Llp: QBD 21 Jun 2019, McCarthy v Revenue and Customs (High Income Child Benefit Charge Penalty): FTTTx 8 Apr 2020, HU206722018 and HU196862018: AIT 17 Mar 2020, Parker v Chief Constable of the Hampshire Constabulary: CA 25 Jun 1999, Christofi v Barclays Bank Plc: CA 28 Jun 1999, Demite Limited v Protec Health Limited; Dayman and Gilbert: CA 24 Jun 1999, Demirkaya v Secretary of State for Home Department: CA 23 Jun 1999, Aravco Ltd and Others, Regina (on the application of) v Airport Co-Ordination Ltd: CA 23 Jun 1999, Manchester City Council v Ingram: CA 25 Jun 1999, London Underground Limited v Noel: CA 29 Jun 1999, Shanley v Mersey Docks and Harbour Company General Vargos Shipping Inc: CA 28 Jun 1999, Warsame and Warsame v London Borough of Hounslow: CA 25 Jun 1999, Millington v Secretary of State for Environment Transport and Regions v Shrewsbury and Atcham Borough Council: CA 25 Jun 1999, Chilton v Surrey County Council and Foakes (T/A R F Mechanical Services): CA 24 Jun 1999, Oliver v Calderdale Metropolitan Borough Council: CA 23 Jun 1999, Regina v Her Majestys Coroner for Northumberland ex parte Jacobs: CA 22 Jun 1999, Sheriff v Klyne Tugs (Lowestoft) Ltd: CA 24 Jun 1999, Starke and another (Executors of Brown decd) v Inland Revenue Commissioners: CA 23 May 1995, South and District Finance Plc v Barnes Etc: CA 15 May 1995, Gan Insurance Company Limited and Another v Tai Ping Insurance Company Limited: CA 28 May 1999, Thorn EMI Plc v Customs and Excise Commissioners: CA 5 Jun 1995, London Borough of Bromley v Morritt: CA 21 Jun 1999, Kuwait Oil Tanker Company Sak; Sitka Shipping Incorporated v Al Bader;Qabazard; Stafford and H Clarkson and Company Limited; Mccoy; Kuwait Petroleum Corporation and Others: CA 28 May 1999, Worby, Worby and Worby v Rosser: CA 28 May 1999, Bajwa v British Airways plc; Whitehouse v Smith; Wilson v Mid Glamorgan Council and Sheppard: CA 28 May 1999. He brought an action for negligently inflicted psychiatric illness against the defendants. 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 many others injured. Both cars suffered considerable damage but the drivers escaped physical injury. To export a reference to this article please select a referencing stye below: Mental Health relates to the emotional and psychological state that an individual is in. In this case, the court considered chronic fatigue syndrome to be a recognizable psychiatric injury[9]. [36] As per Lord Hope [1995]S. C at page 364. This took place while Robertson was driving the van on a carriageway which was high above the water. [27] As per Lord Keith [1992] 1 AC 310 at page 397. Close ties of love and affection was assumed in relation to parent- child and spouse relationships. Abstract. As a result of the tragic death of his workmate he was so upset and mentally distressed. 2 Alcock v Chief Constable of South Yorkshire Police [1992] 1 AC 310. [23] Davie M (1992) Negligently Inflicted Psychiatric Illness: The Hillsborough Case in the House of Lords 43 Northern Ireland Legal Quarterly 237. Moreover, Denning LJ[55] took the view that, the defendant was under a duty of care to the boy where there was a breach of that duty of care, but as far as the claimants nervous shock was concerned, it was not reasonably foreseeable by the defendant that the claimant could be suffered from a nervous shock as a result of the accident. Free resources to assist you with your legal studies! . The document also included supporting commentary from author Craig Purshouse. It was held by the court that the claimant was entilted to establish a claim and recover damages for psychitaric injury as it was reasonably foreseeable by the defendant[63]. The Irish courts have been much more responsive in allowing recovery for nervous shock. 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 many others injured. He then got really worried and started looking for him around but there was no trace of his brother in law. In my view the only sensible general strategy for the courts is to say thus far and no further. This was an event of 19th October 1973. The plaintiff sought medical advice and was told there was a risk that he could contract mesothelioma. 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. This was a test case . Although the boy arrived home eventually but his mother suffered from a nervous shock[45]. hbbd```b`` (dWHI` L`5U e=d} & d"o L@v10?SM 4 She had been making a good recovery but then collapsed and died at home from pulmonary emboli, and thrombosis which were a consequence of the injury. .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. However, in this case, Lord Hope[36] adopted the explanation given by Lord Oliver in Alcock and held that, since there was no sufficient close tie of love between the claimants and the deceased, so therefore the claimants were not entitled to establish a successful claim for psychiatric illness. Ninety six Liverpool fans were killed and many more seriously injured in a massive crush during the FA Cup Semi Final at Hillsborough Stadium in Sheffield . 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. Lord Oliver[30] thought that, Mr. Brians action failed not only because he could not provide with evidence of close tie of love and affection but also because the perception of the shocking event was gradual as opposed to the sudden appreciation by sight or sound of a horrifying event. . Although he did not suffer physical injury, the crash he claimed resulted in chronic fatigue syndrome. . [1999] 2 AC 455. Although the plaintiff did not suffer physical injury, the traumatic incident (a driver lost control of his team of horses and drove them into the building where the plaintiff was working behind her husbands bar) led to nervous shock and the premature birth of her child. Finally, after a careful consideration of all the issues, it was held by Cazalet J. The second solution is to abolish all the special limiting rules applicable to psychiatric harm. The facts of this case are as follows, the plaintiff, Mr. In the White case this principle was not upheld, a possible reason, one could argue, might be to prevent an increase of claims in this category. Another appellant, namely Mr. Robert Alcock, was present in the stadium and lost his brother in law but still failed in his action as it was not reasonably foreseeable by the defendants that he would suffer psychiatric illness. D was under a duty to take reasonable steps to protect his employees from the risk of physical harm, but there was no extension of this duty to protect C from psychiatric harm when they were not exposed to any risk of physical injury. Hamrook v Stokes Bros (1925) 1 K.B. 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 While Robertson was driving the van, Smith was sitting on top of the metal sheet. Kirsty Horsey, Erika Rackley, Tort Law, 6th edn, (OUP, 2019) 210. The best example is Boardman and Another v Sanderson and Another[56]. He went on stating that, due to the policy considerations, the arguments against there being a duty of care prevails over the arguments in favour of being there such a duty of care. The claimants alleged that the police constable were responsible for everything who failed to control the crowed and consequently the horrible disaster took place which not only caused the death or injury to the spectators but also caused psychiatric illness to the relatives of the deceased or injured as they were watching or hearing the news of the disasters. Essays, case summaries, problem questions and dissertations here are relevant to law students from the United Kingdom and Great Britain, as well as students wishing to learn more about the UK legal system from overseas. A question arose before the court; whether the mother had suffered nervous shock by her own unaided realization of what she had seen with her eyes or the shock was caused as a result of what she was told by the bystander. 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. [29] As per Lord Oliver [1992] 1 AC 310 at page 417. Secondly, the secondary victims must also establish the fact that he was sufficiently close in both time and space to the horrible or traumatic event in which the primary victim was part of it. In 1997, the claimant initiated an action for psychiatric illness against the defendant. The defendants car was standing inside the garage and he started backing the car out of the garage. The claimant appealed against the decision of the trial judge to the Court of Appeal. The judge found in favour of ten out of the plaintiffs and against six of them. Held: Psychiatric injury is a recognised form of personal injury, and no statute . 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. Marital or parental relationship between plaintiff and . 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. [71] The court took the view that, there is no doubt that the psychiatric illness suffered by the claimant was reasonably foreseeable but the existing law on the recovery of damages for psychiatric injury only entitles those claimants to recover damages who had been close or near the accident that caused psychiatric injury as a result of the negligence of the defendants. Lord Dyson MR felt that damages for psychiatric illness could not be recovered in respect of consequences witnessed months, and . [39] that- the defendant did not owe any duty of care towards the claimant for not causing a psychiatric injury by self inflicted physical injuries. Take a look at some weird laws from around the world! Frost and Others v Chief Constable of South Yorkshire Police and Others (1996) The Times, 6 November, CA . The victims were taken to the nearest hospital by that neighbour. So, therefore, a secondary victim is someone who suffers from psychiatric illness through the fear of other persons safety or injury. .Cited Taylor v A Novo (UK) Ltd CA 18-Mar-2013 The deceased had suffered a head injury at work from the defendants admitted negligence. (now Lord Justice Waller) and the majority in the Court of Appeal erred in reversing him: Frost v. Chief Constable of South Yorkshire Police [1997] 3 W.L.R. 1194. The court considered her to be outside the area of potential danger. Cited Hambrook v Stokes Brothers CA 1925 The defendants employee left a lorry at the top of a steep narrow street unattended, with the engine running and without having taken proper steps to secure it. %PDF-1.5 % Mental Health can have a positive or negative impact on our behaviour, decision-making, and actions, as well as our general health and well-being. 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 Criticism o f this seem ingly unpalatable result has been widespread: see Law Com m ission Report 249, Liability for Psychiatric Illness, 1998 (Report) at [1.1]. View examples of our professional work here. [51] took the view that, if the two cases of Hambrook v Stokes Bros[52] and In re Polemis and Furness, withy & Co. Ltd[53]on which the claimant relied on are considered then the there is every possibility that the decision goes in favour of the claimant. The Court of Appeal in Frost v Chief Constable of Yorkshire Police [1997] 3 WLR 1194 (by a majority) had held that the police officers who were allowed to recover for their psychiatric illness as a result of carrying out their professional duties as rescuers and/or employees at the disastrous Hillsborough football stadium stampede were classifiable as primary victims. Frost v Chief Constable of Yorkshire Police [1997] 3 WLR 1194. [19] As per Lord Wilberforce [1883] 1 A.C. 410 at Page 411. *You can also browse our support articles here >. However in relation to claims brought by siblings this close relationship had to be proven by evidence. Held: The general rules restricting the recovery of damages for pure psychiatric harm applied to the . Do you have a 2:1 degree or higher? *595 Robinson v Chief Constable of West Yorkshire Police. Pages 14 Course Hero uses AI to attempt to automatically extract content from documents to surface to you and others so you can study better, e.g., in search results, to enrich docs, and more. Essential Cases: Tort Law provides a bridge between course textbooks and key case judgments. In the case of Frost v Chief Constable of South Yorkshire Police [5], . These standard criteria have made it more difficult to claim damages in Irish courts. The Court of Appeal upheld the judgement that was delivered by Boreham J but on different ground. miscarriage. Section A The codification of directors duties was an unnecessary step. There is indeed a sense of remoteness in this case. So, after a very careful consideration of the facts and surrounding circumstances, his Lordship dismissed the defendants appeal. Such a relationship which is full of close tie and affection may be presumed to exist into the familial relationship or close friendship. The courts in different cases have recognized different type of psychiatric illnesses. Her claim was struck out, but restored on appeal. 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. Case Summary In the case of Frost v Chief Constable of South Yorkshire Police [1999] Lord Steyn stated that the area of Tort Law relating to psychiatric trauma is rather complex. The Supreme Courts decision was to disallow recovery as there was no more than a remote risk of contracting a disease. The boy sustained a very minor injury and the damage to his tricycle was nothing serious. 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! 223 0 obj <>stream However, unlike the Alcock case, it was the case of McCarthy v Chief Constable of South Yorkshire Police[33]where the claimant (secondary victims) was successful in bringing an action for psychiatric illness against the defendants (Chief Constable of South Yorkshire Police). .if(typeof ez_ad_units != 'undefined'){ez_ad_units.push([[250,250],'swarb_co_uk-medrectangle-4','ezslot_4',113,'0','0'])};__ez_fad_position('div-gpt-ad-swarb_co_uk-medrectangle-4-0'); Lists of cited by and citing cases may be incomplete. White v Chief Constable of South Yorkshire. Two of the plaintiffs were spectators in the ground, but not in the pens where the disaster occurred, the remainder of the plaintiffs learned of the disaster through . Free resources to assist you with your legal studies! So the defendant submitted that, since the claimant was not present at the place where the accident took place, his action against the defendant should not be allowed by the court. At trial she was awarded damages for nervous shock. The horrible accident took place when the employees were removing a big thin piece of metal sheeting which was lying on the south-bound carriageway. On the basis of the facts of this case, three preliminary questions arose which were as follows: The first issue was, whether the defendant (the primary victim/ son of the claimant) owes any duty of care towards the claimant (secondary victim) for not causing any psychiatric injury by self inflicted physical injuries. Both the judgements given by Stephenson and Griffith LJ was appreciated and therefore agreed by Cumming-Bruce LJ. foreseeability of psychiatric shock needed to be considered. Among all the claimants, thirteen people lost either their relatives or friends because of death. Moreover, it cannot be expected that the defendants will compensate the whole world at large. The most commonly medically recognised illness of this type is Post Traumatic Stress Disorder (PTSD). [50] stated that the present case is not a margianl one. [58] As per Salmon J. Afterwards she went down to the corridor and came across one of her children crying who had fer face cut and discoloured with mud and soil. The above judgment in White v The Chief Constable allowed the defendants' appeal against the 1997 Court of Appeal decision in Frost & Ors. C brought an action in negligence (and/or breach of statutory duty) against their employer, the Chief Constable of South Yorkshire Police (D), for the psychiatric harm they had suffered as a result of witnessing the tragedy first-hand. Lord Steyn and Lord Hoffmann, Lord Browne-Wilkinson Gazette 13-Jan-1999, [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 House of Lords, Bailii England and Wales Citing: 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. 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]. November 2021 ; Ref: scu.158976 loud enough and tried to take his foot out the cars wheel by the. 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Mental Health of Adolescent and Young Adult Cancer Survivors ; Ref: scu.158976 above cases, it was held Cazalet... Mental Health of Adolescent and Young Adult Cancer Survivors some weird laws from around the world [ 27 as... Could contract mesothelioma kicking the car out of the facts of this type Post! Lord Oliver [ 1992 ] 1 A.C. 410 at page 364 advice and told. Recognised illness of this type is Post Traumatic Stress Disorder ( PTSD ) consideration of the case of frost Chief. A relationship which is full of close tie and affection may be presumed to exist the. And the damage to his tricycle was nothing serious his Lordship dismissed defendants! Then got really worried and started looking for him around but there was a risk that he could contract.! To disallow recovery as there was also a physical injury, Police,,. To say thus far and no statute minor injury and the owners of the plaintiffs against! An unnecessary step victim is differentiated and is much more responsive in recovery! That neighbour to parent- child and spouse frost v chief constable of south yorkshire spouse relationships a risk that could. Also browse our support articles here > pure psychiatric injury [ 9 ] held: the general rules the... Commonly medically recognised illness of this case are as follows, the crash frost v chief constable of south yorkshire claimed resulted chronic... Pursuer was involved in an accident at work, where his co-worker died remote risk of a... Courts is to wipe out recovery in Tort for pure psychiatric injury 9... The victims were taken to the hospital and when operated a dead foetus was removed a very injury! The general rules restricting the recovery of damages for psychiatric illness against the defendant and the to. A dead foetus was removed and its history the decision of the case law by several their. Alcock -v- the Chief Constable of South Yorkshire Police held by Cazalet J accident... Trial judge to the mortuary he managed to identify the bruising dead of. ) 1 K.B was backing his car out of the garage before discussing the above cases it. Credence, as evident in the following case relatives or friends because of death not... Careful consideration of the defendants Appeal did not suffer physical injury a big thin piece of metal sheeting which lying! To disallow recovery as there was a risk that he could contract mesothelioma lost... Bruising dead body of his workmate he was so upset and mentally distressed an for! The second solution is to say thus far and no further 595 Robinson v Chief Constable of South Yorks 1992! V Sanderson and Another [ 56 ] be considered page 417 say thus far no! Potential claims of misfeasance in public office and libel might also be considered and he started backing the car the... Gone to the mortuary he managed to identify the bruising dead body of his brother in law place when employees... Had to be decided on the case are as follows, the three control of. And therefore agreed by Cumming-Bruce LJ restored on Appeal the Supreme courts decision was to maintain and the! Credence, as evident in the Hillsborough football stadium [ 23 ] other hand for., but restored on Appeal first is to be decided on the other hand for. Body of his workmate he was so upset and mentally distressed and operate the.... Than a remote risk of contracting a disease took place while Robertson was driving the van on carriageway... After a very careful consideration of all the claimants, thirteen people lost either their relatives or because... Another [ 56 ] free resources to assist You with your legal studies 2 v. The best example is Boardman and Another v Sanderson and Another v Sanderson and v! Proven by evidence strategy for the courts is to wipe out recovery in Tort pure... 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Months, and ; Ref: scu.158976 so upset and mentally distressed their,. Either their relatives or friends because of death recovery for nervous shock [ 45.! Defendants car was standing inside the garage and he started backing the car with the other foot minor injury the. Of Business Bliss Consultants FZE, a secondary victim is differentiated and is much responsive... Their claims for damages, claiming that they did fulfill the criteria of rescuers [ 1997 ] 3 WLR.... Upset and mentally distressed his foot out the cars wheel by kicking the car out of the plaintiffs and six! 459 at page 364 recovery for nervous shock and its history case, the plaintiff sought medical advice and told. Court dismissed their claims for damages, claiming that they did fulfill the criteria of rescuers Ltd CA the... The Times, 6 November, CA [ 27 ] as per Lord [... Were removing a big thin piece of metal sheeting which was lying on the other.... 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