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13 August 2010
Issue: 7430 / Categories: Case law , Law digest
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Damages

Drake and another (executrices of estate of Wilson (deceased)) v Foster Wheeler Ltd [2010] EWHC 2004 (QB), [2010] All ER (D) 29 (Aug)

It was established law that a claimant suffering injuries or disease that had resulted from a defendant’s tortious acts might recover the costs of being cared for or nursed by a family member whether or not the carer had contracted to provide those services.

If the care was subject to a contractually enforceable agreement, the agreed cost, or a reasonable cost where no sum or rate was agreed, might be recoverable. If the services were provided gratuitously, the court assessed and awarded a reasonable sum. A third party who provided voluntary care for a tortiously injured claimant had no cause of action of his own against the tortfeasor. However, the law ensured that an injured claimant might recover the reasonable value of gratuitous services rendered to him by way of voluntary care by a member of his family.

The principles grounding recovery for medical and institutional caring services outside the home were: first, a

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MOVERS & SHAKERS

Ward Hadaway—19 promotions

Ward Hadaway—19 promotions

19 promotions across national offices, including two new partners

Brabners—Ruth Hargreaves

Brabners—Ruth Hargreaves

Partner promoted to head of corporate team

Slater Heelis—Liam Hall, Jordan Bear & Joe Madigan

Slater Heelis—Liam Hall, Jordan Bear & Joe Madigan

Chester office expansion accelerates with triple appointment

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The Court of Appeal’s decision in Mazur v Charles Russell Speechlys has reignited debate over what exactly counts as the ‘conduct of litigation’ in modern legal practice
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Britain’s deferred prosecution agreement regime is undergoing a significant shift, with prosecutors placing renewed emphasis on corporate cooperation, reform and early self-reporting
The High Court has upheld the Metropolitan Police’s live facial recognition policy, rejecting claims that its deployment unlawfully interferes with privacy and protest rights
As AI chatbots increasingly provide legal and commercial advice, English law is beginning to confront who should bear responsibility when automated systems get things wrong
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