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

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NEWS
The Law Society RFC Festival of Sport returns next month, bringing together legal and financial services professionals for one of the sector’s largest annual sporting events
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From forgotten interest claims to case-management appeals, a string of procedural developments offers useful—and occasionally cautionary—lessons for practitioners

Jonathan Fisher KC highlights that it now accounts for around 40% of criminal offences, with roughly 70% involving technology, and argues that the UK cannot simply prosecute its way out of the problem. Detection, investigation and prosecution all require improvement, while different fraud types demand tailored responses.

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