The claimant appealed an award of andpound;1,000 damages for the death of his wife for professional negligence. Doctors had differed as to whether the delay complained of had contributed to the death. Held: It was vital now that medical negligence cases were being conducted in the county court that practice as to experts’ disclosure of … Continue reading Wardlaw v Dr Farrar: CA 27 Nov 2003
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Quantification of loss sustained by the estate of the deceased pursuant to the Law Reform (Miscellaneous Provisions) Act 1934 and the value of the dependency pursuant to the Fatal Accidents Act 1976. . .
Compensation for subsidence damage measured by cost of repair and re-instatement. Lands Tribunal has no general power to award interest on compensation. Citations: Times 18-Jul-1995, Independent 06-Jul-1995 Statutes: Law Reform (Miscellaneous Provisions) Act 1934 3(1), Coal Industries Act 1975 2(4)(a) Jurisdiction: England and Wales Land Updated: 21 January 2023; Ref: scu.78618
Judges: Jeremy Hyam KC Citations: [2022] EWHC 3082 (KB) Links: Bailii Statutes: Law Reform (Miscellaneous Provisions) Act 1934 Jurisdiction: England and Wales Personal Injury Updated: 20 December 2022; Ref: scu.683822
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
Judges: David Pittaway QC Citations: [2015] EWHC 609 (QB) Links: Bailii Statutes: Law Reform (Miscellaneous Provisions) Act 1934 Jurisdiction: England and Wales Professional Negligence Updated: 06 December 2022; Ref: scu.544295
The claimant and her husband had been in a car crash while on holiday in Egypt. The tour was booked in London. The defendant denied jurisdiction. Judges: Tugendhat J Citations: [2014] EWHC 273 (QB) Links: Bailii Statutes: Law Reform (Miscellaneous Provisions) Act 1934 Jurisdiction: England and Wales Cited by: At first Instance – Four Seasons … Continue reading Brownlie v Four Seasons Holdings Incorporated: QBD 19 Feb 2014
The plaintiff’s son aged 10 died of Addison’s Disease which had not been diagnosed. An action against the Health Authority was settled. The parents then brought an action against 5 doctors in their local GP Practice in relation to matters that had taken place post death. The allegations included conspiracy to injure by unlawful means. … Continue reading Powell and Another v Boldaz and others: CA 1 Jul 1997
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
Death of passenger falling from ferry and drowning. Judges: Forbes J Citations: [2005] EWHC 420 (QB) Links: Bailii Statutes: Fatal Accidents Act 1976, Law Reform (Miscellaneous Provisions) Act 1934 Jurisdiction: England and Wales Personal Injury Updated: 22 August 2022; Ref: scu.224549
The defendant sought to have struck out from the group litigation, as a nullity the claim by one claimant who had been deceased at the time of issue. His PRs responded that the court could deal with the matter under CPR Pt 3. Held: The court’s overriding duty to seek justice beween the parties could … Continue reading Kimathi and Others v The Foreign and Commonwealth Office (Strike out): QBD 24 Nov 2016
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
The Court declined to restrict the literal breadth of the words ‘all causes of action’ in section 1(1). Judges: Sir Wilfrid Greene MR Citations: [1939] 1 KB 318 Statutes: Law Reform (Miscellaneous Provisions) Act 1934 1(1) Jurisdiction: England and Wales Cited by: Cited – Ashley and Another v Chief Constable of Sussex Police HL 23-Apr-2008 … Continue reading Attorney General v Canter: CA 1939
The claimant’s daughter had committed suicide whilst on home leave from a hospital where she had stayed as a voluntary patient with depression. Her admission had followed a suicide attempt. The hospital admitted negligence but denied that it owed her a positive obligation to protect life under Article 2. Held: The claimants’ appeal succeeded. The … Continue reading Rabone and Another v Pennine Care NHS Foundation: SC 8 Feb 2012
The claimant’s daughter had been a voluntary patient at a mental hospital. She committed suicide when on home leave from a secure ward. The claimant now said that the hospital had acted incompatibly with their daughter’s human rights, in releasing her when she needed care. Held: The claim failed. Since Melanie was a voluntary mental … Continue reading Rabone and Another v Pennine Care NHS Trust: QBD 23 Jul 2009
A couple had died in a road accident. The court considered the award of damages for dependency. Judges: Edmund-Davies L, Stephenson, Buckley, Ormrod LJJ Citations: [1975] QB 790, [1974] EWCA Civ 9 Links: Bailii Statutes: Law Reform (Miscellaneous Provisions) Act 1934, Fatal Accidents Act 1846, Fatal Accidents Act 1959 Jurisdiction: England and Wales Citing: Cited … Continue reading Hay v Hughes: CA 17 Oct 1974
Citations: [2007] EWHC B14 (QB) Links: Bailii Statutes: Law Reform (Miscellaneous Provisions) Act 1934 Jurisdiction: England and Wales Professional Negligence Updated: 23 July 2022; Ref: scu.296301
Judges: Anthony Thornton QC J Citations: [2010] EWHC 2004 (QB) Links: Bailii Statutes: Law Reform (Miscellaneous Provisions) Act 1934, Fatal Accidents Act 1976 Jurisdiction: England and Wales Personal Injury Updated: 18 July 2022; Ref: scu.421377
Citations: [2007] EWHC 601 (QB) Links: Bailii Statutes: Law Reform (Miscellaneous Provisions) Act 1934, Fatal Accidents Act 1976 Jurisdiction: England and Wales Personal Injury Updated: 14 July 2022; Ref: scu.251480
The court considered the interaction of the 1934 and 1976 Acts. Citations: [2007] EWHC 1875 (QB) Links: Bailii Statutes: Fatal Accidents Acts 1976, Law Reform (Miscellaneous Provisions) Act 1934 Jurisdiction: England and Wales Personal Injury, Damages Updated: 13 July 2022; Ref: scu.261911
Judges: Swift J DBE Citations: [2008] EWHC 1708 (QB) Links: Bailii Statutes: Law Reform (Miscellaneous Provisions) Act 1934, Fatal Accidents Act 1976 Jurisdiction: England and Wales Personal Injury Updated: 10 July 2022; Ref: scu.272260
The plaintiffs sought damages after watching television scenes of the football match at Hillsborough at which their two daughters died after disorder. Held: Neither the risk of future injury nor anxiety at the prospect of future injury is actionable. Judges: Lord Templeman, Lord Bridge of Harwich, Lord Griffiths, Lord Goff of Chieveley, Lord Browne-Wilkinson Citations: … Continue reading Hicks v Chief Constable of the South Yorkshire Police: HL 5 Mar 1992
Judges: Forbes J Citations: [2006] EWHC 39 (QB) Links: Bailii Statutes: Law Reform (Miscellaneous Provisions) Act 1934 Jurisdiction: England and Wales Negligence Updated: 05 July 2022; Ref: scu.238697
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
The husband died after having had made against him an order to pay maintenance to the two children of the marriage. Held: The order could not be enforced against his personal representatives after his death. The court explained why a claim under the Matrimonial Causes Act is not as such a cause or action under … Continue reading Sugden v Sugden: CA 1957
Claim for personal injuries loss and damage brought on behalf of the estate of the late John Raggett deceased, pursuant to the provisions of the 1934 Act. Judges: Sir Alistair MacDuff Citations: [2016] EWHC 1604 (QB) Links: Bailii Statutes: Law Reform (Miscellaneous Provisions) Act 1934 Jurisdiction: England and Wales Personal Injury, Professional Negligence Updated: 19 … Continue reading Raggett, The Executors of The Estate of v Kings College Hospital NHS Foundation Trust and Others: QBD 1 Jul 2016
The plaintiff had issued a writ in 1942 as administrator of his deceased son’s estate. However, he did not take out letters of administration until the November. It was said that proceedings instituted by an applicant who at the time had no standing to institute those proceedings were an incurable nullity. The limitation period had … Continue reading Ingall v Moran: CA 1944
Judges: Stewart J Citations: [2019] EWHC 548 (QB) Links: Bailii Statutes: Law Reform (Miscellaneous Provisions) Act 1934, Fatal Accidents Act 1976 Jurisdiction: England and Wales Professional Negligence Updated: 14 June 2022; Ref: scu.634340
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
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
A section 27 claim cannot be pursued by a surviving spouse. Black J said: ‘It is clearly established that until an ancillary relief order has been made, an ancillary relief claim is not a cause of action. This appears to be because of the discretionary nature of ancillary relief, someone seeking ancillary relief may establish … Continue reading McMinn v McMinn: 2003
In each case, the deceased, died as a result of the defendants’ negligence. The parents claimed damages for themselves as dependants under the 1976 Act, and for the estate under the 1934 Act. The claims under the 1976 Act were held to have been extinguished by the awards under the 1934 Act. Each award included … Continue reading Gammell v Wilson; Furness v Massey: HL 1982
Although section 3(1) of the 1934 Act expressly empowered only courts of record to include interest in sums for which judgment was given for damages or debt, arbitrators were nevertheless empowered by the agreement of reference to apply English law, including so much of that law as is to be found in the section. The … Continue reading Chandris v Isbrandtsen-Moller Co Inc: CA 1950
An action for damages for race discrimination survived the death of the complainant, and could be prosecuted by the complainant’s personal representatives. The statutes which applied were different from those in other discrimination cases. However the Law Reform (Miscellaneous Provisions) Act 1934 provided that any cause of action except defamation should survive the death of … Continue reading Lewisham and Guys Mental Health NHS Trust v Andrews (Deceased): CA 28 Mar 2000
An order had been made against the husband, upon the dissolution of a marriage, securing an annual sum for the maintenance of the wife and their child that was to be agreed upon or referred to the district registrar. The order envisaged contuation after the husband’s death. The husband died before the security had been … Continue reading Mosey v Mosey and Barker: 1956
The court considered the abatement of an application for financial relief in divorce proceedings on the death of one party. Held: The wife’s claim to secured provision was not a cause of action within the terms of section 1(1). The wife only had the hope that the court would in its discretion order a secured … Continue reading Dipple v Dipple: 1942
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
The claimant’s husband had committed suicide. She sought damages for financial loss from his former employers under the 1976 Act. He had suffered a severe and debilitating injury working for them leading to his depression and suicide. The employers said that these damages were too remote. Held: The employer’s appeal was dismissed.Lord Bingham said: ‘Mr … Continue reading Corr v IBC Vehicles Ltd: HL 27 Feb 2008
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
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
Citations: [2017] EWHC 1823 (QB) Links: Bailii Statutes: Law Reform (Miscellaneous Provisions) Act 1934 Jurisdiction: England and Wales Personal Injury Updated: 28 March 2022; Ref: scu.591307
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
The deceased was shot by police officers raiding his flat in 1998. The claimants sought damages for his estate. They had succeeded in claiming damages for false imprisonment, but now appealed dismissal of their claim for damages for assault and misfeasance. The judge below had accepted that the officer had acted in self-defence, and entered … Continue reading Ashley and Another v Sussex Police: CA 27 Jul 2006
The claimant sought damages after the death of her husband at the admitted negligence of the defendant hospital. Jay J [2016] EWHC 2848 (QB) Bailii Law Reform (Miscellaneous Provisions) Act 1934, Fatal Accidents Act 1976 England and Wales Personal Injury, Damages Updated: 25 January 2022; Ref: scu.571116
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
The amount of interest payable on compulsory purchase of land depends upon the value given to the land and the length of the period from the time of entry until reinstatement, the period during which the claimant is dispossessed. During that time, and possibly thereafter the owner has neither the land nor its value, and … Continue reading Riches v Westminster Bank Ltd: HL 1947
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
Appeal against rejection of claim for damages after falling down stairs – no hand rail. Richard Parkes QC HHJ [2016] EWHC 262 (QB) Bailii Fatal Accidents Act 1976, Law Reform (Miscellaneous Provisions) Act 1934 England and Wales Personal Injury Updated: 10 January 2022; Ref: scu.560332
The claimant commenced an action here after suffering injury whilst in Egypt on an excursion organised under the control of the defendant. The defendant denied jurisdiction as regards the damage suffered. Held: The defendant’s appeal was allowed in part. The use of the word ‘damage’ in the Regulation could not be relied upon to create … Continue reading Brownlie v Four Seasons Holdings Incorporated: CA 3 Jul 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
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
Damages might be recovered for a loss of expectation of life. A claim for loss of expectation of life survived under the Act of 1934, and was not a claim for damages based on the death of a person and so barred at common law.Lord Wright explained the object of the 1934 Act: ‘The purpose … Continue reading Rose v Ford: HL 1937
Collender QC HHJ [2013] EWHC 4088 (QB) Bailii Law Reform (Miscellaneous Provisions) Act 1934, Fatal Accidents Act 1976 England and Wales Professional Negligence, Personal Injury Updated: 27 November 2021; Ref: scu.519229
Application to strike out claim as an abuse of process. The claim was for asbestos related condition leading to the death of the claimant’s husband. The defendants denied liability and causation, saying that he had been a confirmed smoker. The post mortem had found asbestos fibres. The defendants complained that the actions of the claimants … Continue reading Matthews v Collins (T/A Herbert Collins and Sons) and Others: QBD 4 Oct 2013
The claimants sought to bring an action for damages after a family member suspected of dealing drugs, was shot by the police. At the time he was naked. The police officer had been acquitted by a criminal court of murder. The chief constable now appealed a finding that he might nevertheless be liable in a … Continue reading Ashley and Another v Chief Constable of Sussex Police: HL 23 Apr 2008
The claimant’s husband had been lost from the defendant’s ship at sea. The defendant had contracted to pay compensation unless the loss was by suicide. They so determined. The court was now asked whether that was a permissible conclusion in the circumstances: ‘This case raises two inter-linked questions of principle, one general and one particular. … Continue reading Braganza v BP Shipping Ltd: SC 18 Mar 2015
The deceased had committed suicide on escaping from a mental hospital. The Trust appealed against a refusal to strike out the claim that that they had been negligent in having inadequate security. Held: The Trust’s appeal failed. The fact that she was detained for her own protection rather than to protect others required different standards … Continue reading Savage v South Essex Partnership NHS Foundation Trust (MIND intervening): HL 10 Dec 2008
M applied for a parental order under the 2008 Act. The child had been born through a surrogacy arrangement in India, which was lawful there, but would have been unlawful here. The clinic could not guarantee a biological relationship with the child. The father had since died of liver cancer. The court considered whether the … Continue reading A v P (Surrogacy: Parental Order: Death of Applicant): FD 8 Jul 2011
Defendant’s death stops trial immediately At his trial for serious sexual offences, the jury passed a note to the judge saying that they had reached unanimous verdicts on several counts. The judge did not pass the note to counsel, but instead asked the jury to retire overnight to try again on the following day. Overnight, … Continue reading Turk (Deceased) v Regina: CACD 6 Apr 2017
The Appellant’s husband, fell while going down the back stairs of a public house called ‘The Golfer’s Arm’ at Great Yarmouth. He was found lying on the floor of the vestibule at the bottom of the stairs and died later. She appealed against rejection . .
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Mesothelioma claim . .
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