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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 claimant might not recover for facilities provided without charge by

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MOVERS & SHAKERS

Gateley Legal—Jack Kelly

Gateley Legal—Jack Kelly

Gateley Legal expands Midlands residential development team

Gibson Dunn—Richard Surtees

Gibson Dunn—Richard Surtees

Gibson Dunn adds employee benefits and executive compensation practice in London with partner Richard Surtees

Laytons ETL—Alec Cameron

Laytons ETL—Alec Cameron

Laytons ETL appoints new partner and head of intellectual property disputes

NEWS
A series of recent decisions has clarified important principles across property law, from perpetuities to lease renewals and public rights over land
Employers cannot rely on wellbeing services alone to defend workplace stress claims after a High Court decision awarding almost £1m to an overworked employee
Andy Burnham's brand of 'Manchesterism' could offer fresh thinking on legal aid and access to justice if it reaches Westminster, according to Roger Smith, NLJ columnist and former director of JUSTICE
The constitutional fallout from a change of prime minister, rather than the politics, is under scrutiny as questions arise over the limits of executive authority in a leadership transition
The legal profession is undergoing a fundamental shift from selling services to creating technology-enabled products, according to Professor Luke Mason, Head of School of Law at Regent's University London
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