Inquiry Under The Fatal Accidents and Inquiries (Scotland) Act 1976 Into The Sudden Death of Christian Douglas Mcintosh: ScSf 7 Jun 2013
[2013] ScotSC 41 Bailii Jury Updated: 17 November 2021; Ref: scu.513849
Search Results for: Fatal Accidents Act 1976 1 3 4
Inquiry Under The Fatal Accidents and Inquiries (Scotland) Act 1976 Into The Sudden Death of Sharon Harkin: ScSf 3 Apr 2013
[2013] ScotSC 30 Bailii The Fatal Accidents and Inquiries (Scotland) Act 1976 Coroners, Scotland Updated: 17 November 2021; Ref: scu.513843
Inquiry Under The Fatal Accidents and Inquiries (Scotland) Act 1976 Into The Sudden Death of Anthony John Mcewan Formerly Coll: ScSf 4 Dec 2012
[2012] ScotSC 113 Bailii Jury Updated: 17 November 2021; Ref: scu.513856
Inquiry Under The Fatal Accident and Inquiries (Scotland) Act 1976 Into The Sudden Death of Natasha Jade Paton: ScSf 20 May 2013
Death by drowning of coach passenger after it plunged through bridge parapet into river. Sheriff Nikola C Stewar [2013] ScotSC 38 Bailii Fatal Accidents and Sudden Deaths Inquiry (Scotland) Act 1976 Scotland, Coroners Updated: 17 November 2021; Ref: scu.513847
Inquiry Under The Fatal Accidents and Inquiries (Scotland) Act 1976 Into The Sudden Death of Darren Taylor: ScSf 14 Feb 2013
[2013] ScotSC 15 Bailii Scotland Coroners Updated: 17 November 2021; Ref: scu.513827
Inquiry Under The Fatal Accidents An Dinquiries (Scotland) Act 1976 Into The Sudden Death of Dale Anthony Mulholland: ScSf 28 Feb 2013
[2013] ScotSC 24 Bailii Jury Updated: 17 November 2021; Ref: scu.513826
Young v Downey: QBD 18 Dec 2019
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
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
Ghaidan v Godin-Mendoza: HL 21 Jun 2004
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
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
Braganza v BP Shipping Ltd and Others: CA 22 Mar 2013
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
Cox v Ergo Versicherung Ag: CA 25 Jun 2012
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
Cox v Ergo Versicherung Ag: SC 2 Apr 2014
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
Cookson v Knowles: HL 24 May 1978
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
Alcock and Others v Chief Constable of South Yorkshire Police: HL 28 Nov 1991
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
McLoughlin v O’Brian: HL 6 May 1982
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
Edwards v The United Kingdom: ECHR 14 Mar 2002
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
Office of Government Commerce v Information Commissioner and Another: Admn 11 Apr 2008
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
Arnup v MW White Ltd: CA 7 May 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
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
Inquiry Under The Fatal Accidents and Inquiries (Scotland) Act1976 Into The Sudden Death of Norma Kirk: SCSf 7 Mar 2011
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Inquiry Under The Fatal Accidents and Inquiries (Scotland) Act 1976 Into The Sudden Death of Anne Marie Merrigan or Copeland: SCSf 25 Jan 2012
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Goodenough and Another v The Chief Constable of Thames Valley Police: CA 1 Oct 2021
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Michael and Others v The Chief Constable of South Wales Police and Another: SC 28 Jan 2015
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 . .
Hayden v Hayden: CA 1992
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 . .
Swift v Secretary of State for Justice: CA 18 Mar 2013
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 . .
Smith v Lancashire Teaching Hospitals NHS Foundation Trust and Others: CA 28 Nov 2017
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 . .
Steve Hill Ltd v Witham: CA 26 Aug 2021
Mesothelioma claim . .
Chouza v Martins and Others: QBD 22 Jun 2021
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. . .
McLoughlin v OBrian: HL 6 May 1982
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
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