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
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
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
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 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