Smith v Lancashire Teaching [2017] EWCA Civ 1916

WTLR Issue: Winter 2018 #170

The claimant had cohabited with her partner for 11 years until his untimely death, which was caused by the admitted negligence of the first and second defendants. 


Under s1 of the Fatal Accidents Act 1976 (FAA), the claimant, as a cohabiting partner for more than two years, was entitled to bring a claim for damages as a dependant of the deceased...

Blackwell Deceased [2017] EWCA 2182 (Civ)

WTLR Issue: Winter 2018 #170

The applicant, Mr Warner, was the unmarried partner of the deceased. Before her 
death they had lived together for 19 years at a property in Tewkesbury. Mr Warner continued to live in this property after her death. Mrs Lewis, the daughter of the deceased, brought a claim in the County Court for possession of the property and for the return 
of certain items under the Torts (Interference with Goods) Act 1977...

Anderson v Spencer [2018] EWCA Civ 100

WTLR Issue: Spring 2018 #171

The mother and executor (V) of the deceased appealed against an order that a DNA sample from the deceased, held by a hospital, be tested against the respondent (D), to determine whether he was the son of the deceased. The deceased had suffered from an hereditary form of bowel cancer called Lynch Syndrome, and so D wanted to discover if he was at risk of this condition developing...

Constandas v Lysandrou [2018] EWCA Civ 613



WTLR Issue: Spring 2018 #171

The claimant claimed a beneficial interest in a residential property registered in the joint names of the first and second defendants, his sister and brother-in-law respectively, on the basis that in 1959 he paid £600 towards the purchase price. By the time the matter came to trial in October 2015 both first and second defendants had lost capacity...

Dawson-Damer v Taylor Wessing LLP Neutral citation: [2017] EWCA Civ 74

WTLR Issue: Spring 2018 #171

The appellants were beneficiaries of a number of Bahamian trusts; the respondent solicitors (‘TW’) act on behalf of the trustee of these trusts. On 4 August 2014, the appellants served a subject access request (‘SAR’) on TW, requesting disclosure of the personal data relating to the appellants held by TW as the solicitors for the trustee...