Legal Personality Cases Flashcards Preview

Family Law > Legal Personality Cases > Flashcards

Flashcards in Legal Personality Cases Deck (18)
Loading flashcards...
1
Q

Cox’s trustees v cox 1950

A

Nasciturus principle

Children born after death of parent able to inherit property from dead parents estate

2
Q

Leadbetter v national coal board 1952

A

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

3
Q

Coyle v Lanarkshire Health board 2014

A

Child suffered severe cerebral palsy as result of delivery
Mother could recieve damages under nascitutus principle
(Antenatal injury)

4
Q

CD Lanarkshire acute hospital NHS trust 2015

A

Used excessive force when delivering baby resulting in injury, mother got damages on behalf of child
(Antenatal injury)

5
Q

Hamilton v Fife health board 1993

A

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

6
Q

F (in utero) 1988 (English case)

A

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)

7
Q

D (a minor) v Berkshire county council 1987

A

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)

8
Q

M v Scottish children’s reporter for Renfrewshire 2009

A

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

9
Q

McCluskey v hm Advocate 1989

A

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)

10
Q

Kelly v Kelly 1997

A

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

11
Q

A, B & C v Ireland 2010

A

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

12
Q

Doogan v greater Glasgow and Clyde health board 2015

A

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

13
Q

McFarlane v Tayside Health Board 2000

A

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

14
Q

Parkinson v st James and seacroft university hospital NHS trust 2001

A

Awarded damages for special care costs associated with child’s disabilities that should’ve been detected through screenings

15
Q

Law hospital NHS trust v lord advocate 1996

A

Woman in coma for 3 years
Hospital wanted to withdraw life support
No prospect of recovery
Court allowed withdrawal of treatment

(Permeant vegetative state)

16
Q

Hm advocate v Brady 1996

A

Smothered brother with pillow because of long difficult illness
Submitted guilty plea of culpable homicide
Received lenient sentence as a result of this
(Assisted suicide)

17
Q

Pretty v United Kingdom 2002

A

Diane pretty suffered from motor neuron disease
Unable to commit suicide herself
Wanted to know if her husband helped would he be criminally liable?
Argued that possibility of prosecution was violation of art 2 right to life as she argued death was part of life
European court rejected as the right to life does not include right to die

18
Q

R (on application of purdy) v DPP 2010

A

Art 8 may be engaged in cases involving assisted suicide