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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

Walkers—Muriel Marseille

Walkers—Muriel Marseille

Ashurst's Chief Risk Officer joins Walkers

Excello Law—John Osborne

Excello Law—John Osborne

Northern family lawyer John Osborne joins Excello

mfg Solicitors—Rebecca Rogers, Kennedy Langley & Victoria Griffiths

mfg Solicitors—Rebecca Rogers, Kennedy Langley & Victoria Griffiths

Trio of promotions announced at Kidderminster law firm mfg Solicitors

NEWS
A sole director can conspire with their own company for the purposes of the tort of unlawful means conspiracy, the High Court has ruled in a judgment with potentially wide implications for business disputes
The Court of Appeal has reinforced that domicile depends on intention rather than residence alone, in a significant post-Brexit ruling on cross-border financial remedy claims
The Chancery Division's long history comes to an end this autumn as it is reborn as the Business and Property Division, prompting questions over whether the shake-up is really necessary
The Financial Conduct Authority (FCA) continues to show that failing to disclose regulatory issues can attract harsher consequences than the original misconduct itself
Rejecting a generous settlement can prove an expensive mistake, as two recent high-profile cases demonstrate
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