Judges: His Honour Judge Harrison Sitting as a Judge of the High Court Citations: [2022] EWHC 455 (QB) Links: Bailii Statutes: Law Reform Miscellaneous Provisions Act 1934, Fatal Accidents Act 1976 Jurisdiction: England and Wales Health Professions, Personal Injury Updated: 05 April 2022; Ref: scu.674531
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
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
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
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
Claim for bereavement award. McKenna HHJ [2016] EWHC 817 (QB) Bailii Fatal Accidents Act 1976 England and Wales Professional Negligence Updated: 14 January 2022; Ref: scu.562796
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
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 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
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
‘whether or not the duty imposed by Regulation 9 is absolute, and does not require the proof of any fault on the part of the employer. Should the adequacy of the training given to an employee be judged by the result in the light of events or should it, as the judge held, be assessed … Continue reading Allison v London Underground Ltd: CA 13 Feb 2008
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
Both the claimant and her husband had contracted mesothelioma after exposure to asbestos working for the respondent. Elias, Beatson LJJ, Dame Janet Smith [2014] EWCA Civ 4, [2014] WLR(D) 19 Bailii, WLRD Fatal Accidents Act 1976 England and Wales Damages, Personal Injury Updated: 28 November 2021; Ref: scu.520121
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
Responsibility for IRA bombing fixed The claimant sought a finding that the defendant had been responsible for a IRA bombing in 1982 which killed her father and three other soldiers and injured 31 others. He had been acquitted at a criminal trial. Held: The limitation period was extended: ‘As was said in Carroll, the burden … Continue reading Young v Downey: QBD 18 Dec 2019
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
Same Sex Partner Entitled to tenancy Succession The protected tenant had died. His same-sex partner sought a statutory inheritance of the tenancy. Held: His appeal succeeded. The Fitzpatrick case referred to the position before the 1998 Act: ‘Discriminatory law undermines the rule of law because it is the antithesis of fairness. It brings the law … Continue reading Ghaidan v Godin-Mendoza: HL 21 Jun 2004
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
The claimant widow sued in negligence after the disappearance overboard of her husband from the respondent’s ship. The court had found insufficient evidence to establish the cause of death, either as to negligence as suggested by the claimant, or as to suicide as suggested by the defendant. Held: The evidence for suicide was sufficient. Longmore, … Continue reading Braganza v BP Shipping Ltd and Others: CA 22 Mar 2013
The deceased member of the armed forces had died in a road traffic accident in Germany. The parties didputed whether the principles governing the calculation of damages were those in the 1976 Act and UK law, or under German law. Held: ‘There is no difficulty in identifying the critical issues on this appeal for the … Continue reading Cox v Ergo Versicherung Ag: CA 25 Jun 2012
The deceased army officer serving in Germany died while cycling when hit by a driver insured under German law. His widow, the claimant, being domiciled in England brought her action here, claiming for bereavement and loss of dependency. The Court was asked whether German or UK law applied to the assessment of the damages. Held: … Continue reading Cox v Ergo Versicherung Ag: SC 2 Apr 2014
The House described the approach to the calculation of damages for a dependency under the Fatal Accidents Acts. Held: The multipliers in Fatal Accidents Act cases should be calculated from the date of death. Sections 3 and 4 mark a departure from the ordinary principles of assessment in English law, which can fairly be described … Continue reading Cookson v Knowles: HL 24 May 1978
The plaintiffs sought damages for nervous shock. They had watched on television, as their relatives and friends, 96 in all, died at a football match, for the safety of which the defendants were responsible. The defendant police service had not defended a claim of negligence in their management of safety at the match at Hillsborough … Continue reading Alcock and Others v Chief Constable of South Yorkshire Police: HL 28 Nov 1991
The plaintiff was the mother of a child who died in an horrific accident, in which her husband and two other children were also injured. She was at home at the time of the accident, but went to the hospital immediately when she had heard what had happened. She saw and comforted her injured husband … Continue reading McLoughlin v O’Brian: HL 6 May 1982
The deceased, a young man of mixed race, had been placed in a cell with another prisoner who was known to be violent, racist, and mentally unstable. The staff knew that the panic button was defective. The deceased was murdered by his cell-mate. His family asserted that the prison authorities had failed to protect his … Continue reading Edwards v The United Kingdom: ECHR 14 Mar 2002
The Office appealed against decisions ordering it to release information about the gateway reviews for the proposed identity card system, claiming a qualified exemption from disclosure under the 2000 Act. Held: The decision was set aside for breaching the rule against impugning an action of Parliament. The minister had made a statement as to the … Continue reading Office of Government Commerce v Information Commissioner and Another: Admn 11 Apr 2008
The claimant sought damages after her husband’s death. The defendant sought to deduct from any damages payable, the payments made from its Employee Benefit Trust. Held: The payments were to be disregarded. The payments accrued to the claimant not through her late husband’s estate but directly through the trust. The claim was made through the … Continue reading Arnup v MW White Ltd: CA 7 May 2008
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
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The claimants asserted negligence in the defendant in failing to provide an adequate response to an emergency call, leading, they said to the death of their daughter at the hands of her violent partner. They claimed also under the 1998 Act. The . .
The claimant’s mother died in a car accident caused by the father. The father then took over the mother’s role in caring for the claimant.
Held: Those services, and compensation awarded to provide for them, were not a benefit accruing as a . .
The claimant appealed against refusal of a declaration that the 1976 Act infringed her human rights. She had been cohabiting for six months, when her partner was killed in an accident at work for which a third party was liable. Because she had not . .
Sir Terence Etherton MR agreed with counsel that ‘the only sure common thread running through the various descriptions of the ambit test, for the purposes of article 14, in the several speeches in M [2006] 2 AC 91 is that the connection or link . .
Mesothelioma claim . .
Tables 11 to 20 of the ‘Ogden tables’ should be used as the starting point for finding the multiplier for calculating life expectancy. These gave higher multipliers but were now seen to be more realistic, and should be relied upon. . .
References: [1983] 1 AC 410, [1982] 2 All ER 298, [1982] UKHL 3, [1982] 2 WLR 982 Links: Bailii Coram: Lord Wilberforce, Lord Bridge, Lord Scarman Ratio: The plaintiff was the mother of a child who died in an horrific accident, in which her husband and two other children were also injured. She was at … Continue reading McLoughlin v OBrian: HL 6 May 1982
Appeal against award of expenses at fatal accident enquiry. Judges: Lord President, Lord Reed, Lord Marnoch Citations: [2009] ScotCS CSIH – 43, 2009 GWD 22-355, 2009 SLT 597 Links: Bailii Statutes: Fatal Accidents and Sudden Deaths Inquiry (Scotland) Act 1976 Jurisdiction: Scotland Costs Updated: 01 September 2022; Ref: scu.346592
Ships collided at sea. The negligent crew were aboard the British ship. A crew member on the Norwegian ship died in the collision, and his family sued here. Held: The family had a right of action against the defendant owners of the British ship. The existence of a cause of action in favour of dependants … Continue reading Davidsson v Hill: CA 1901
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
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
Lord Diplock set out the method of assessment of damages for lost years: ‘Here was an obvious injustice which this House remedied by overruling Oliver v. Ashman [1962] 2 Q.B. 210 and holding that a living plaintiff could recover damages for loss of earnings during the lost years; but that in assessing the measure of … Continue reading Gammell v Wilson; Furness v Massey: HL 1980
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
