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Wardlaw v Dr Farrar: CA 27 Nov 2003

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

Acts

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Greater Manchester Fire and Rescue Service v Veevers: ComC 25 Sep 2020

Judges: His Honour Judge Pearce On Appeal From Deputy District Judge Harris Citations: [2020] EWHC 2550 (Comm) Links: Bailii Statutes: Law Reform Miscellaneous Provisions Act 1934, Fatal Accidents Act 1976 Jurisdiction: England and Wales Personal Injury, Coroners, Costs Updated: 05 May 2022; Ref: scu.657548

Oliver v Ashman: CA 1961

The rule that loss of earnings, in the years lost to an injured plaintiff whose life expectancy had been shortened, were not recoverable, was still good law.Pearce LJ summarised the authorities: ‘The Law Reform Miscellaneous Provisions Act 1934 abolished the old rule ‘actio personalis moritur cum persona’ and provided for the survival of causes of … Continue reading Oliver v Ashman: CA 1961

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

Raggett, The Executors of The Estate of v Kings College Hospital NHS Foundation Trust and Others: QBD 1 Jul 2016

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

Hay v Hughes: CA 17 Oct 1974

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 Citing: Cited – George Franklin, Administrator … Continue reading Hay v Hughes: CA 17 Oct 1974

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

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

Chandris v Isbrandtsen-Moller Co Inc: CA 1950

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

Lewisham and Guys Mental Health NHS Trust v Andrews (Deceased): CA 28 Mar 2000

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

Rabone and Another v Pennine Care NHS Foundation: SC 8 Feb 2012

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

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

Corr v IBC Vehicles Ltd: HL 27 Feb 2008

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

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

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

Ashley and Another v Sussex Police: CA 27 Jul 2006

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

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

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

Brownlie v Four Seasons Holdings Incorporated: CA 3 Jul 2015

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

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

Matthews v Collins (T/A Herbert Collins and Sons) and Others: QBD 4 Oct 2013

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

Ashley and Another v Chief Constable of Sussex Police: HL 23 Apr 2008

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

Braganza v BP Shipping Ltd: SC 18 Mar 2015

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

Savage v South Essex Partnership NHS Foundation Trust (MIND intervening): HL 10 Dec 2008

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

A v P (Surrogacy: Parental Order: Death of Applicant): FD 8 Jul 2011

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

Pickett v British Rail Engineering: HL 2 Nov 1978

Lost Earnings claim Continues after Death The claimant, suffering from mesothelioma, had claimed against his employers and won, but his claim for loss of earnings consequent upon his anticipated premature death was not allowed. He began an appeal, but then died. His personal representatives appealed. Held: The House assumed that, because the claimant had brought … Continue reading Pickett v British Rail Engineering: HL 2 Nov 1978

Turk (Deceased) v Regina: CACD 6 Apr 2017

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