White v Chief Constable of South Yorkshire [1999] 2 AC 455

Written By Nicolas Heyes

House of Lords

Basic Facts: Police officers claimed damages for psychiatric injury after the Hillsborough disaster. The Chief Constable admitted negligence.

Issue: Can police officers claim for psychiatric injury as primary victims in the context of an accident caused by others?

Held: C’s claim failed as they were neither primary nor secondary rescuers. D (Chief constable) 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.

  • Lord Steyn:

    • The law on pure psychiatric injury is complex and patchwork. It’s best to rely on established categories until Parliament intervenes.

  • Lord Hoffmann:

    • Cautious pragmatism suggests adhering to existing control mechanisms. Liability should be consistent with past decisions on primary victims.

Nicolas Heyes
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