header-logo header-logo

12 August 2010 / Matthew Snarr
Issue: 7430 / Categories: Features , Damages , Personal injury , CPR
printer mail-detail

Financially entwined

When is a financially interested party entitled to be joined to proceedings, asks Matthew Snarr

In Bottomley (by her litigation friend Helen Ryan) v East Midlands Strategic Health Authority [2010] EWCA Civ 756, [2010] All ER (D) 23 (Jul) the Court of Appeal considered the right of a local authority to be joined to proceedings involving a seriously injured claimant. The local authority wished to make representations as to the form of any settlement or judgment which was likely to significantly affect its own financial liabilities. In short, the case turned on whether or not the court ought to take into consideration the representations by a party who has a significant financial stake in the outcome of the decision to order periodical payments or a lump sum.  
 
The facts

The claimant was a 16-year-old girl who had suffered hypoxic ischemia resulting in brain damage and associated spastic quadriplegia arising out of the defendant’s negligent mismanagement of her birth. Liability was admitted. The claimant’s litigation friend was the local authority’s director of social

If you are not a subscriber, subscribe now to read this content
If you are already a subscriber sign in
...or Register for two weeks' free access to subscriber content

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

NEWS
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
Businesses are facing a ‘dramatic rise in prosecution risks’ as sweeping reforms to corporate criminal liability come into force, expanding the net of who can be held responsible for wrongdoing inside organisations
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
A controversial High Court financial remedies ruling has reignited debate over secrecy, non-disclosure and fairness in divorce proceedings involving hidden wealth
Britain’s deferred prosecution agreement regime is undergoing a significant shift, with prosecutors placing renewed emphasis on corporate cooperation, reform and early self-reporting
back-to-top-scroll