Environment cases tracker 2019 [Archived] ARCHIVED: This Environment cases tracker has been archived and is not maintained. This Environment cases tracker tool displays key decisions and appeal updates of interest to Environment lawyers from 1 January 2019. The tracker is divided into: • the Upper Tribunal • the High Court of England and Wales • the Court of Appeal • the UK Supreme Court • the Judicial Committee of the Privy Council • the General Court of the European Union • the Court of Justice of the European Union Judgments and appeal updates can be found in the court where the most recent judgment was handed down. Cases are displayed in reverse chronological order with the most recent first. For information on key decisions and appeal updates of cases where judgment was handed down in 2020, see: Environment cases tracker 2020. For information on previous key decisions and appeal updates, see: • Environment cases tracker 2018 [Archived] • Environment cases tracker 2017 [Archived] • Environment cases tracker 2016 [Archived] Upper Tribunal Case Judgment date Topics Key facts/analysis Fearon and v Environment Agency  UKUT 97 (LC) 29 March 2019 • Riparian rights and obligations Easement—Water. The claimants' action against the Environment agency for interference with their quasi-easements over an artificial watercourse was dismissed. The Upper Tribunal (Lands Chamber) held that although the basic principle was that there was no natural right to water in an artificial watercourse, there
Personal injury claims and the death of a party Introduction This Practice Note explains the applicable law and procedure where a party dies during the course of a personal injury claim or at the pre-action stage. It covers the following points: • the legal basis upon which personal injury claims can survive the death of a claimant or a defendant • the various losses in respect of which a claimant’s estate can recover • limitation • practical steps that ought to be taken depending on whether the deceased was a claimant or defendant, the stage of the proceedings and whether personal representatives are in place • how payments already made into court might be dealt with, and • the applicability of the protocol for low-value claims This Practice Note does not cover cases in which the original claimant’s death was caused by the tort in question, resulting in a potential claim for the benefit of his or her dependents under the Fatal Accidents Act 1976 (FAA 1976). This area is addressed in the separate Practice Note: Establishing liability under the Fatal Accidents Act 1976. Survival of personal injury claims The old common law rule was that personal injury claims died with the injured person or the tortfeasor. That position was effectively reversed by section 1(1) of the Law Reform (Miscellaneous Provisions) Act 1934 (LR(MP)A 1934). It provides that on the death of any person, ‘all causes of action subsisting
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Is there any case law or guidance in respect of a fatal claim where a successful claim has been made for losses such as potential loss of inheritance on the basis that had the person not died they would have continued to receive state pension which would have built up over time leaving a greater level of inheritance receivable on eventual death? The leading authority on the issue of loss of inheritance in Fatal Accidents Act 1976 (FAA 1976) claims is the decision of the High Court in Adsett v West. The underlying rule is that there is no difference in principle in FAA 1976 claims between a loss of income and a loss of inheritance either when dealing with the source of the money from which the deceased would have provided a periodic income to dependants or when dealing with sums that would otherwise have been available to the deceased to leave to
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This week’s edition of PI & Clinical Negligence weekly highlights includes analysis of the potential impact of autonomous vehicles in light of the government’s recent consultation on the rules for the safe use of automated vehicles, as well as the new online portal for whiplash injuries scheduled to go live at the end of May. In addition, we include a round-up of other key cases, news, a New Law Journal article of interest and recently published Q&As.
PI & Clinical Negligence analysis: In Head v Culver Heating Co Ltd, Mrs Head successfully appealed against a finding that no award should be made in respect of the lost years claim. Jon Andrews, principal lawyer at Slater and Gordon, looks at the High Court’s re-determination of the lost years claim following the Court of Appeal’s judgment in January 2021. As people increasingly seek retirement income by way of investing in properties jointly owned by spouses, there are undoubtedly some interesting points to consider in this case. Written by Jon Andrews, principal lawyer, at Slater and Gordon.
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