hicks v chief constable of south yorkshire

The appellants must therefore persuade your Lordships When the pens were already seriously Mr. Harrison, who was present elsewhere at the ground and whose two brothers died, failed condition (1) because the House refused to presume that close ties of love and affection exist between brothers and he had adduced no evidence to prove that they existed in his case. McFarlane v Tayside Health Board; Fairchild v Glehnhaven Funeral Services Ltd; Meah v McCreamer (no. only where it can be shown that both courts were clearly here is that at the moment of death Sarah and Victoria each had law that fear by itself, of whatever degree, is a normal human We were assured by counsel, and I have noreason to doubt it, that the action was not brought for the sakeof the money that may be awarded but rather to mark the angerof these parents and other bereaved relatives at what occurred.But whatever justification there may be for that anger has norelevance to damages in a civil action for negligence, which arecompensatory, not punitive. 6. Judgments - Regina v. Chief Constable of South Yorkshire Police (Respondent) ex parte LS (by his mother and litigation friend JB) (FC) (Appellant) Regina v. Chief Constable of South Yorkshire Police (Respondent) ex parte Marper (FC)(Appellant) Consolidated Appeals. Hicks v Chief Constable of South Yorkshire Police [1992] 2 All ER 65. ORGANISATIONAL OVERVIEW AND EXTERNAL ENVIRONMENT South Yorkshire consists of four local authority areas of Barnsley, Doncaster, Rotherham and Sheffield, … But whatever justification there may be for that anger has no Nolan L.JJ. estate of each daughter of which they are in each case the Theaction was tried by Hidden J. who held that the plaintiffs hadfailed to prove that either girl suffered before death any injuryfor which damages fell to be awarded. L’Estrange v Graucob (1934): What makes a contract binding ? Hillsborough disaster. was no dependency and hence no claim under the Fatal Accidents in the decision of the lower appellate court to confirm the The Law of Torts (LAWS212) Academic year. they were wrong. University. The Court of Appeal so held in allowing the chief constable’s appeal against that finding. Thus, apart from a bereavement claim under the Act of1982 in respect of Victoria, a claim for damages in respect ofinjuries suffered before death was the only claim which Mr. andMrs. But the common law has never awarded damages for DATE OF JUDGEMENT: 28 December 1991. But on the facts found in thiscase the question does not arise for decision. No distinction was made in law between loss of consciousness within seconds followed by death within minutes and death within seconds. Hill v Chief Constable of West Yorkshire 2 WLR 1049 House of Lords Jacqueline Hill was the final victim of Peter Sutcliffe (the Yorkshire Ripper). from asphyxia’ Hicks v Chief Constable – of South Yorkshire – (1992) 2 ALL E.R. This case considered the issue of damages and whether or not damages could be awarded for the fear that a victim may have experienced just prior to a fatal injury and if this amounted to pain and suffering sufficient for a cause of action. This is because in negligence, the plaintiff would have to prove that he suffered some sort of damage. RESPONDENT: Chief Constable of South Yorkshire Police. Mr. The same Act, by section 1, My Lords, For the reasons given by my noble and learned friend Lord Bridge of Harwich I would dismiss this appeal. Hicks v Chief Constable of South Yorkshire No distinction was made in law between loss of consciousness within seconds followed by death within minutes and death within seconds. Issue: Is fear a medically recognised condition? The Alcock v Chief Constable of South Yorkshire [1992] 1 AC 310. HICKS AND OTHERS (APPELLANTS) v. WRIGHT (SUED AS CHIEF CONSTABLE OF THE SOUTH YORKSHIRE. Upon Report from the Appellate Committee to whom wasreferred the Cause Hicks and others against Wright (sued asChief Constable of the South Yorkshire Police), That theCommittee had heard Counsel on Wednesday the 29th day ofJanuary last, upon the Petition and Appeal of Sarah LouiseHicks (suing by the joint Administrators o£ her Estate, TrevorHicks of Falrigg Cottage, 7 Moor Lane, Grassington, Skipton,Yorks, BD25 5BD and Jennifer Hicks of 2 Grange Mews, GrangeLane, Woolton, Liverpool, 25) and Victoria Jane Hicks (suingby the Joint Administrators of her Estate, Trevor Hicks andJennifer Hicks of the above mentioned addresses) and JamesWafer of 82 Ince Avenue, Liverpool, L4 7JY (suing asAdministrator of the Estate of the Late Colin Wafer), prayingthat the matter of the Order set forth in the Schedulethereto, namely an Order of Her Majesty's Court of Appeal ofthe 3rd day of May 1991, might be reviewed before Her Majestythe Queen in Her Court of Parliament and that the said Ordermight be reversed, varied or altered or that the Petitionersmight have such other relief in the premises as to Her Majestythe Queen in Her Court of Parliament might seem meet; as uponthe case of Peter Wright lodged in answer to the said Appeal;and due consideration had this day of what was offered oneither side in this Cause: It is Ordered and Adjudged, by the Lords Spiritual andTemporal in the Court of Parliament of Her Majesty the Queenassembled, That the said Order of Her Majesty's Court ofAppeal of the 3rd day of May 1991 complained of in the saidAppeal be, and the same is hereby, Affirmed and that the saidPetition and Appeal be, and the same is hereby, dismissed thisHouse: And it is further Ordered, That the Appellants do payor cause ho be paid to the said Respondent the Costs incurredby him in respect of the said Appeal, the amount thereof to becertified by the Clerk of the Parliaments if not agreedbetween the parties. When the pens were already seriouslyovercrowded a great number of additional spectators, anxious tosee the football match which was about to start, were admittedthrough the turnstiles and surged through the tunnel causing thedreadful crush in the pens in which 95 people died. findings of the judge.”. In the circumstances I think it sufficient to say that, in my Steamship Co. Ltd. [1893] A.C. 207) and clearly applies to sudden [death] as shown by the medical evidence.” Unless the law In all the circumstances, the second discharge had been lawful. Bridge of Harwich I would dismiss this appeal. Acts. Although the claimant appealed against his dismissal, his appeal failed. References: [1991] UKHL 9, [1992] 2 All ER 65, [1992] PIQR P433. It is nothing to the point that this House might onthe evidence have reached a different conclusion, . This action and another action tried by Hidden J. at the 14 Page v Smith [1996] 1 WLR 855. The claim was fear suffered prior to their deaths. Coram: Lord Templeman, Lord Bridge of Harwich, Lord Griffiths, Lord Goff of Chieveley, Lord Browne-Wilkinson. However, in a succeeding action, McCarthy v Chief Constable of South Yorkshire Police, a claimant whose half-brother had died at Hillsborough successfully claimed damages for the psychiatric illness, which he suffered. Compare the decision o f the English Court o f Appeal in Frost v Chief Constable of South Yorkshire Police [1998] QB 254 permitting recovery by injured on- duty police officers. C and the other claimants all had relatives who were caught up in the Hillsborough Stadium disaster, in which 95 fans of Liverpool FC … Independent Auditor’s Report to the Chief Constable of South Yorkshire 51 Annual Governance Statement 54 Glossary of Terms 71 . opinion, the conclusion of fact reached by Hidden J. and the Court The Chief Constable of South Yorkshire has admitted liability in negligence in respect of the deaths and physical injuries. 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