Legal Personality Cases Flashcards
Cox’s trustees v cox 1950
Nasciturus principle
Children born after death of parent able to inherit property from dead parents estate
Leadbetter v national coal board 1952
Father was coal miner and died in negligent work accident
Child of three and one still in womb
Both received damages one under negligence and one under nascitutus principle
Coyle v Lanarkshire Health board 2014
Child suffered severe cerebral palsy as result of delivery
Mother could recieve damages under nascitutus principle
(Antenatal injury)
CD Lanarkshire acute hospital NHS trust 2015
Used excessive force when delivering baby resulting in injury, mother got damages on behalf of child
(Antenatal injury)
Hamilton v Fife health board 1993
Parents can sue under Damages (Scotland) Act 2011 for death of a subsequently born child for injuries sustained before birth
Child died three days after birth resulting from actions of doctors
1st instance dismissed action as personal injuries did not include those sustained before child born as no legal personality
Overturned on appeal
Child has right to sue from moment they are born, if they die then this is passed to parent
F (in utero) 1988 (English case)
Action to protect child is incompetent before child’s birth
Sever mental illness and drug abuse
When LA learned of pregnancy they applied to make child a ward of the court
LA dismissed in this case as the child had no legal personality
(Child protection)
D (a minor) v Berkshire county council 1987
Pregnant drug addict
Child born drug dependent
Child taken in to care immediately after birth as result of pre birth actions
(Pre-birth actions likely to determine child will suffer in the future)
M v Scottish children’s reporter for Renfrewshire 2009
Mothers ongoing relationship with man who had history of sexually abusing children
Court held removal was justified as mother failed to prevent contact of her children with this man and was seen with him on numerous occasions
(Child protection)- pre birth actions indicate child likely to suffer harm in future so can remove child upon birth
McCluskey v hm Advocate 1989
Convicted for causing death by reckless driving, collided with pregnant woman
Sustained serious injuries in the womb and delivered by C section but died
(Criminal responsibility attaches where child born but does after birth)
Kelly v Kelly 1997
Married father raised action on behalf of unborn child seeking to prevent mother terminating pregnancy
Not possible because child had no legal personality and no right to remain in the womb
However this case confirmed non resident father with parental responsibilities could act as child’s legal representative
A, B & C v Ireland 2010
European court of human rights held that an absolute prohibition on abortion sought for health reasons amounted to a violation of art 8, right to private life
Lead to abortion law changing in Northern Ireland
Doogan v greater Glasgow and Clyde health board 2015
2 catholic midwives indirectly involved in termination, supervised other staff performing abortions
Held that those duties weren’t direct so they had to continue their work
McFarlane v Tayside Health Board 2000
Couple negligently advised vasectomy operation rendered husband infertile
Failed to use contraception
Child born to them
They raised an action for damages for the cost of raising a child
Failed because technically it was pure economic loss which cannot be recovered this way
Parkinson v st James and seacroft university hospital NHS trust 2001
Awarded damages for special care costs associated with child’s disabilities that should’ve been detected through screenings
Law hospital NHS trust v lord advocate 1996
Woman in coma for 3 years
Hospital wanted to withdraw life support
No prospect of recovery
Court allowed withdrawal of treatment
(Permeant vegetative state)
