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Hunter v Butler: CA 28 Dec 1995

There could be no Fatal Accidents Acts damages for a loss of ‘moonlighting’ earnings dependency. Citations: Independent 02-Jan-1996, Times 28-Dec-1995, [1996] RTR 396 Statutes: Fatal Accidents Act 1976 Jurisdiction: England and Wales Cited by: Cited – Hewison v Meridian Shipping Services Pte Ltd, Coflexip Stena Offshore Ltd, Flex Installer Offshore Ltd QBD 30-Nov-2001 The applicant … Continue reading Hunter v Butler: CA 28 Dec 1995

Barrett v Ministry of Defence: CA 3 Jan 1995

The deceased was an off-duty naval airman. The claim was based upon the alleged negligent failure of the defendant to enforce disciplinary regulations against drunkenness so as to protect the deceased against his own known proclivity for alcohol abuse. Held: The Ministry of Defence has no duty to prevent a forces member from the abuse … Continue reading Barrett v Ministry of Defence: CA 3 Jan 1995

Swift v Secretary of State for Justice: QBD 18 Jul 2012

The Court considered a dependency claim by a person who had cohabited with the deceased for 6 months prior to death. The claim was for a declaration of incompatibility in relation to the 2 year + cohabitee provision in s.1 of the FAA which, the claimant said, discriminated against her and violated her rights under … Continue reading Swift v Secretary of State for Justice: QBD 18 Jul 2012

Phillips v Rafiq and Motor Insurers Bureau (MIB): CA 13 Feb 2007

The MIB appealed from a judgment making it liable for an award of damages to the estate of the deceased who had been a passenger in a vehicle which he knew to be being driven without insurance. The estate had not sued the MIB directly, but first obtained a judgement against the driver and then … Continue reading Phillips v Rafiq and Motor Insurers Bureau (MIB): CA 13 Feb 2007

Cox v Ergo Versicherung Ag and Another: QBD 28 Oct 2011

The deceased died in a road traffic accident whilst serving in the Armed forces in Germany. The driver was insured under German law. The widow now claimed damages in England. She had entered a new relationship. Held: The object of section 844 of the German regulations was to restore the claimant to the financial position … Continue reading Cox v Ergo Versicherung Ag and Another: QBD 28 Oct 2011

Micklewright v Surrey County Council: CA 28 Jul 2011

A branch overhanging the road, fell off causing a death. His PR claimed damages, but failed in the County Court. The death of an individual killed by a branch falling from a tree overhanging the highway was not attributable to the negligence of the local authority. The judge found that extensive internal decay was a … Continue reading Micklewright v Surrey County Council: CA 28 Jul 2011

Rabone and Another v Pennine Care NHS Trust: CA 21 Jun 2010

The claimant’s daughter had committed suicide after being given home leave on a secure ward by the respondent mental hospital. A claim in negligence had been settled, but the parents now appealed refusal of their claim that the hospital had failed in its article 2 duty to respect her right to life. Held: The decision … Continue reading Rabone and Another v Pennine Care NHS Trust: CA 21 Jun 2010

Devoy v William Doxford and Sons Ltd and Others: QBD 21 Jul 2009

Claim on behalf of the estate of her late husband, Alexander Devoy, under the Law Reform (Miscellaneous Provisions) Act, 1934, and on her own behalf as the dependant of the deceased under the Fatal Accidents Act, 1976, for damages arising from his death. Judges: His Honour Judge Reddihough Citations: [2009] EWHC 1598 (QB) Links: Bailii … Continue reading Devoy v William Doxford and Sons Ltd and Others: QBD 21 Jul 2009

Office of Government Commerce v Information Commissioner: Admn 11 Apr 2008

Statutory appeal by the Office of Government Commerce (the OGC) against two decisions of the Information Tribunal relating to gateway reviews carried out by the OGC of the Government’s identity card programme. Judges: Stanley Burnton J Citations: [2008] EWHC 774 (Admin), [2008] ACD 54, [2009] 3 WLR 627, [2010] QB 98 Links: Bailii Jurisdiction: England … Continue reading Office of Government Commerce v Information Commissioner: Admn 11 Apr 2008

Welsh Ambulance Services NHS Trust and Another v Williams: CA 15 Feb 2008

The court considered the essential philosophy underwriting the 1976 Act. Smith LJ said: ‘nothing that a dependant (or for that matter anyone else) could do after death could either increase or decrease the dependency. The dependency is fixed at the moment of death; it is what the dependants would probably have received as benefit from … Continue reading Welsh Ambulance Services NHS Trust and Another v Williams: CA 15 Feb 2008

EH Humphries (Norton) Ltd. Thistle Hotels Plc v Fire Alarm Fabrication Services Ltd: CA 10 Nov 2006

The sub-contractor’s workman fell through a skylight and died. His employers having settled, obtained contribution orders from the main contractors and building owners who each now appealed. Held: Whether main contractors were also liable to an injured workman was a mixed question of fact and law. The main contractors were in this case not liable. … Continue reading EH Humphries (Norton) Ltd. Thistle Hotels Plc v Fire Alarm Fabrication Services Ltd: CA 10 Nov 2006

Beesley v New Century Group Ltd: QBD 16 Dec 2008

The court considered the quantification of damages after a successful claim by the estate of a man who had died from mesothelioma. Judges: Hamblen J Citations: [2008] EWHC 3033 (QB) Links: Bailii Statutes: Law Reform (Miscellaneous Provisions) Act 1934, Fatal Accidents Act 1976 Jurisdiction: England and Wales Personal Injury, Damages Updated: 30 June 2022; Ref: … Continue reading Beesley v New Century Group Ltd: QBD 16 Dec 2008

Corbett v Barking Havering and Brentwood Health Authority: CA 1991

The Claimant was a child who would have been dependant on his deceased young mother only until adulthood. When the trial took place the infant Plaintiff was 11.5 with a dependency until the age of 18. As the multiplier calculated as at the date of death was 12 there was only one half of a … Continue reading Corbett v Barking Havering and Brentwood Health Authority: CA 1991

ATH and another (Executors of the Estate of M, decd) v MS: CA 11 Jun 2002

The claimants were the children of the deceased, seeking damages following the death of their mother. At the time of the death they were not living with their father but moved to live with him after the death. They claimed damages for the services provided by the father and his new wife. Held: The new … Continue reading ATH and another (Executors of the Estate of M, decd) v MS: CA 11 Jun 2002

Cachie and Others v Faluyi: CA 27 Jun 2001

The claimant appealed against an order striking out his claim, though it raised a novel point under the 1976 Act. Did section 2(3) of the Act, providing: ‘Not more than one action shall lie for and in respect of the same subject-matter of complaint.’, mean that if a writ was issued in a Fatal Accidents … Continue reading Cachie and Others v Faluyi: CA 27 Jun 2001

Phillips v Rafiq and Moror Insurer’s Bureau: QBD 11 May 2006

The deceased had been a passenger in a car. He had known the driver was not insured. The estate claimed first damages from the first defendant driver, and only then to enforce the judgment against the second defendant. Held: The MIB was accountable for the judgment. Seymour J considered how the Agreement under which the … Continue reading Phillips v Rafiq and Moror Insurer’s Bureau: QBD 11 May 2006

Cape Distribution Ltd v Aine O’Loughlin: CA 8 Feb 2001

The company appealed the calculation of an award of damages to the respondent following the death of her husband, a former employee. The deceased had operated a company in Ireland as a property developer. The company alleged that the earnings were not directly dependent upon his input, but upon capital and otherwise. Held: Such assessments … Continue reading Cape Distribution Ltd v Aine O’Loughlin: CA 8 Feb 2001

Cameron and others v Network Rail Infrastructure Ltd: QBD 18 May 2006

The claimant sought damages from the defendant after the death of her father in the Potters Bar rail crash. The defendant applied for summary judgment saying that English law did not recognise a claim by a family member of a deceased save through the claim of the estate itself. The claimant said that this would … Continue reading Cameron and others v Network Rail Infrastructure Ltd: QBD 18 May 2006

Cachia and Others v Faluyi: CA 11 Jul 2001

The words of the section had to be construed so as to make it compatible with the human rights convention. Accordingly the term ‘action’ in the Act was to be interpreted to mean an action where a writ was served. Children whose mother had been killed, had the human right to claim compensation for their … Continue reading Cachia and Others v Faluyi: CA 11 Jul 2001

Barrett v Ministry of Defence: QBD 3 Jun 1993

The MOD was liable in negligence for an airman’s death due to its breach of duty if regulations were not kept to. Citations: Independent 03-Jun-1993 Statutes: Fatal Accidents Act 1976, Law Reform (Miscellaneous Provisions) Act 1934 Cited by: Appeal from – Barrett v Ministry of Defence CA 3-Jan-1995 The deceased was an off-duty naval airman. … Continue reading Barrett v Ministry of Defence: QBD 3 Jun 1993

Knauer v Ministry of Justice: SC 24 Feb 2016

The court was asked: ‘whether the current approach to assessing the financial losses suffered by the dependant of a person who is wrongfully killed properly reflects the fundamental principle of full compensation, and if it does not whether we should depart from previous decisions of the House of Lords.’ Held: The correct date as at … Continue reading Knauer v Ministry of Justice: SC 24 Feb 2016

Wilson v Secretary of State for Trade and Industry; Wilson v First County Trust Ltd (No 2): HL 10 Jul 2003

The respondent appealed against a finding that the provision which made a loan agreement completely invalid for lack of compliance with the 1974 Act was itself invalid under the Human Rights Act since it deprived the respondent lender of its property rights. It was also argued that it was not possible to make a declaration … Continue reading Wilson v Secretary of State for Trade and Industry; Wilson v First County Trust Ltd (No 2): HL 10 Jul 2003

Sherratt v Chief Constable of Greater Manchester Police: QBD 16 Jul 2018

The defendant appealed from a finding that his force had owed the deceased a duty of care. She had taken her own life. Earlier her mother had made a 999 call from concern about her daughter, and said that the defendant had not responded despite promising to do so. Held: The appeal was dismissed Judges: … Continue reading Sherratt v Chief Constable of Greater Manchester Police: QBD 16 Jul 2018

Kirkham v Anderton, The Chief Constable of the Greater Manchester police: CA 20 Dec 1989

The claimant’s husband hanged himself in Risley Remand Centre after the police had failed to warn the prison authorities that he was (as the police knew) a suicide risk. He was suffering from clinical depression and had previously attempted suicide more than once. Held: The defendant’s appeal failed. The police, had assumed responsibility for the … Continue reading Kirkham v Anderton, The Chief Constable of the Greater Manchester police: CA 20 Dec 1989

Corr v IBC Vehicles Ltd: CA 31 Mar 2006

The deceased had suffered a head injury whilst working for the defendant. In addition to severe physical consequences he suffered post-traumatic stress, became more and more depressed, and then committed suicide six years later. The claimant appealed against refusal of an award under the 1976 Act. The judge had decided that it was not part … Continue reading Corr v IBC Vehicles Ltd: CA 31 Mar 2006

Four Seasons Holdings Incorporated v Brownlie: SC 19 Dec 2017

The claimant and her family were in a car crash while on holiday in Egypt. The claimant’s husband and his daughter died. The holiday had been booked in England and the car excursion booked in advance from England. The hotel operator was incorporated in Canada, and denied that the English court had jurisdiction. Each party … Continue reading Four Seasons Holdings Incorporated v Brownlie: SC 19 Dec 2017

O’Grady v B15 Group Ltd: QBD 17 Jan 2022

Judges: Master Thornett Citations: [2022] EWHC 67 (QB) Links: Bailii Statutes: Law Reform (Miscellaneous Provisions) Act 1934, Fatal Accidents Act 1976 Jurisdiction: England and Wales Negligence Updated: 11 February 2022; Ref: scu.671559

Smith v Lancashire Teaching Hospitals NHS Trust and Another: QBD 8 Sep 2016

The claimant had cohabited with the deceased: ‘The claimant seeks a declaration in one of two alternative forms: i) Pursuant to s.3 of the Human Rights Act 1998 . . that s.1A(2)(a) of the Fatal Accidents Act 1976 . . is to be read as including cohabitees who were living with the deceased in the … Continue reading Smith v Lancashire Teaching Hospitals NHS Trust and Another: QBD 8 Sep 2016

Parry v Cleaver: HL 5 Feb 1969

PI Damages not Reduced for Own Pension The plaintiff policeman was disabled by the negligence of the defendant and received a disablement pension. Part had been contributed by himself and part by his employer. Held: The plaintiff’s appeal succeeded. Damages for personal injury were not to be reduced by deducting the full net value of … Continue reading Parry v Cleaver: HL 5 Feb 1969

Stormharbour Securities Llp v Dusek and Others: CA 24 Jun 2016

Application for permission to appeal by StormHarbour against a judgment finding that StormHarbour was liable under the Fatal Accidents Act 1976 and the Law Reform (Miscellaneous Provisions) Act 1934 for the death of its employee, Mr Dusek. The Claimants in the proceedings are Mr Dusek’s widow and children. Mr Dusek died in a helicopter accident … Continue reading Stormharbour Securities Llp v Dusek and Others: CA 24 Jun 2016

Wilkinson v Kitzinger and others: FD 31 Jul 2006

The parties had gone through a ceremony of marriage in Columbia, being both women. After the relationship failed, the claimant sought a declaration that the witholding of the recognition of same-sex marriages recoginised in a foreign jurisdiction was an infringement of her human rights. Held: Such a relationship is recognised in England as a civil … Continue reading Wilkinson v Kitzinger and others: FD 31 Jul 2006

Sims v MacLennan: QBD 9 Oct 2015

Claim for damages against doctor, saying he had failed to advise the deceased to attend his GP to have raised blood pressure investigated. Simpkiss HHJ [2015] EWHC 2739 (QB) Bailii Law Reform (Miscellaneous Provisions) Act 1934, Fatal Accidents Act 1976 England and Wales Professional Negligence Updated: 12 January 2022; Ref: scu.554090

Bank Mellat v Her Majesty’s Treasury (No 2): SC 19 Jun 2013

The bank challenged measures taken by HM Treasury to restrict access to the United Kingdom’s financial markets by a major Iranian commercial bank, Bank Mellat, on the account of its alleged connection with Iran’s nuclear weapons and ballistic missile programmes. The bank sought to have the direction given under section 7 of the 2008 Act. … Continue reading Bank Mellat v Her Majesty’s Treasury (No 2): SC 19 Jun 2013

Dusek and Others v Stormharbour Securities Llp: QBD 19 Jan 2015

The claimants were personal representatives of passengers who had died in a helicopter crash. They alleged that StormHarbour was in breach of its duty as employers to provide Mr Dusek with a safe place of work, safe equipment and a safe system of working. Hamblen J [2015] EWHC 37 (QB) Bailii Fatal Accidents Act 1976, … Continue reading Dusek and Others v Stormharbour Securities Llp: QBD 19 Jan 2015

Hayes v South East Coast Ambulance Service NHS Foundation Trust: QBD 15 Jan 2015

Claim for damages brought on behalf of the Claimant Mrs Michelle Hayes and her three sons as well as on behalf of the estate of her former husband Mr Paul Hayes. Coe QC HHJ [2015] EWHC 18 (QB) Bailii Fatal Accidents Act 1976, Law Reform (Miscellaneous Provisions) Act 1934 Personal Injury, Professional Negligence Updated: 27 … Continue reading Hayes v South East Coast Ambulance Service NHS Foundation Trust: QBD 15 Jan 2015

Jameson and Another v Central Electricity Generating Board and others: HL 16 Dec 1998

A joint tortfeasor’s concurrent liability was discharged entirely by a full and final settlement and compromise of the claim against the other tortfeasor if in respect of the same harm. A dependency claim made by the claimant’s executors could not proceed where the deceased had settled his own claim in damages. Lord Browne-Wilkinson Lord Lloyd … Continue reading Jameson and Another v Central Electricity Generating Board and others: HL 16 Dec 1998