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
