Monthly Archives: November 2017

FATAL ACCIDENTS : COHABITEE IS (OR SHOULD BE) ENTITLED TO BEREAVEMENT PAYMENT

Originally posted on FATAL ACCIDENTS AND ACTIONS ARISING FROM DEATH:
The Court of Appeal decided today that the failure of the  Fatal Accidents Act to include cohabitees  within the definition of those entitled to a bereavement payment is incompatible with Section 4 of the Human Rights Act. As the law currently stands cohabitees are  not…

“AFTER CARE SERVICES” – WHEN IS A LOCAL AUTHORITY REQUIRED TO PROVIDE AFTER CARE SERVICES – S.3 MENTAL HEALTH ACT 1983

By Catherine Duffy   TINSLEY V MANCHESTER CITY COUNCIL & OTHERS [2017]EWCA Civ 1704 1.On 1st November 2017 this case came before the Court of Appeal.  The case was heard by the Master of the Rolls, Lord Justice Longmore and Lord Justice Irwin. Appeal point 2.The question in the appeal:- Is a person who has […]

What effect can exaggeration have on your damages claim: strike out or percentage reduction in damages?

By Vilma Vodanovic The Court of Appeal considered the point in FLETCHER v KEATLEY (by his LF) [2017] EWCA Civ 1540 (a decision from 12.10.2017) and followed guidance in Summers v Fairclough Homes Ltd [2012] UKSC 26. In 2007, Mr Keatley (‘K’), who was only 17 at the time, and Mr Fletcher (F) were in […]

PROTECTED PARTIES – CPR 21.10 COMPATIBLE WITH ECHR ARTICLES 14 AND 6 – DEFENDANT ENTITLED TO WITHDRAW FROM COMPROMISE AGREEMENT

By Bronia Hartley Joseph James Penn Revill (a protected party proceedings by his litigation friend, Kirsty Marie Jarram) v Philip Damiani [2017] EWHC 2630 (QB) The claimant, who lacked the capacity to litigate and was acting by his litigation friend, sought damages for injuries sustained in a road traffic accident. His claim included a claim […]

Section 33 of the Limitation Act 1980: Mossa v Wise [2017] EWHC 2608 (QB)

By Peter Yates The High Court upheld a Master’s decision to allow a clinical negligence action to proceed pursuant to section 33 of the Limitation Act 1980. The Defendant to the action was the estate of Mr Mossa, a consultant gynaecologist. In January 2007 he had operated on the Claimant with a view to resolving […]