Chief Constable Of West Yorkshire Police v Schofield [1998] EWCA Civ 838 (14 May 1998)

Chief Constable Of West Yorkshire Police v Schofield [1998] EWCA Civ 838 (14 May 1998)

Mrs. Schofield was a primary victim directly involved in the incident and within the range of foreseeable physical injury; Sergeant Dodding's negligent act caused her recognized psychiatric injury, and the Chief Constable was vicariously liable. Foreseeability of psychiatric injury was not required for primary victims; foreseeability of physical injury sufficed.

Citation
[1998] EWCA Civ 838
Parties
Respondent / Plaintiff: Mrs. Schofield; Appellant / Defendant: Chief Constable of West Yorkshire Police
Jurisdiction
England and Wales
Judgment Date
14 May 1998
Procedural Posture
Civil Appeal / Appeal From High Court Judgment
Outcome
Appeal dismissed
Legal Topics
Negligence, Vicarious Liability, Psychiatric Injury, Primary and Secondary Victims, Duty of Care
Tort Law Personal Injury Law Employment Law Negligence Vicarious Liability Psychiatric Injury Primary and Secondary Victims Duty of Care

Case Brief

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Parties

Mrs. Schofield

Respondent / Plaintiff

Chief Constable of West Yorkshire Police

Appellant / Defendant

Procedural Posture

Civil Appeal / Appeal From High Court Judgment

Legal Issues

  1. 1 Whether Mrs. Schofield was a primary victim entitled to recover damages for psychiatric injury absent physical injury
  2. 2 Whether Sergeant Dodding's actions gave rise to a foreseeable risk of injury
  3. 3 Whether the Chief Constable was vicariously liable for Sergeant Dodding's negligence

Ratio Decidendi

Mrs. Schofield was a primary victim directly involved in the incident and within the range of foreseeable physical injury; Sergeant Dodding's negligent act caused her recognized psychiatric injury, and the Chief Constable was vicariously liable. Foreseeability of psychiatric injury was not required for primary victims; foreseeability of physical injury sufficed.

Court Disposition

Appeal dismissed

Orders

  • Orders as per agreed minute of order