Loss of Consortium in UK Law

Leading Cases
  • Boys v Chaplin
    • House of Lords
    • 25 Jun 1969

    The broad principle should surely be that a person should not be permitted to claim in England in respect of a matter for which civil liability does not exist, or is excluded, under the law of the place where the wrong was committed.

  • Best v Samuel Fox & Company Ltd
    • House of Lords
    • 11 Jul 1952

    Even if it be conceded that the rights of husband and wife ought to be equalised I agree with the Lord Chief Justice that today a husband's right of action for loss of his wife's consortium is an anomaly and see no good reason for extending it. If the change is to be made I should prefer to abolish the husband's right rather than to grant the like remedy to the wife.

    But what duty was owed here by the employers of the husband to the wife? If she has an action in this case so must the wife of any man run over in the street by a careless driver. The duty there which gives rise to the husband's cause of action arises out of what may for convenience be called proximity ; the driver owes a duty not to injure other persons who are using the road on which he is driving.

    Again there may be loss of affection but provided the spouses continue to live together as man and wife it seems to me that it still exists however different life may be from the days of the honeymoon. It would be only if on this account one of them withdrew and decided to live apart. In truth I think the only loss that the law can recognise is the loss of that part of the consortium that is called servitium.

    My Lords, with one exception to which I shall shortly return, it has never been the law of England that an invitor, who has negligently but unintentionally injured an invitee, is liable to compensate other persons who have suffered, in one way or another, as a result of the injury to the invitee.

    I can see no sign of any difference in quality between his right to her assistance and his right to her society, and indeed it would be difficult to say where in fact assistance ends and society begins, either to-day or in the Middle Ages. I do not think that consortium was an abstraction: it seems to me rather to be a name for what the husband enjoys by virtue of a bundle of rights, some hardly capable of precise definition.

  • Harding v Wealands
    • House of Lords
    • 05 Jul 2006

    In applying this distinction to actions in tort, the courts have distinguished between the kind of damage which constitutes an actionable injury and the assessment of compensation (ie damages) for the injury which has been held to be actionable. The identification of actionable damage is an integral part of the rules which determine liability. As I have previously had occasion to say, it makes no sense simply to say that someone is liable in tort.

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Legislation
  • Finance Act 1967
    • UK Non-devolved
    • 1 de Enero de 1967
    ......towards offsetting in part the loss of revenue in connection. with those goods resulting from the provisions ...which is owned by a consortium and which is not a. subsidiary of any company, and the claimant company. ......
  • Corporation Tax Act 2010
    • UK Non-devolved
    • 1 de Enero de 2010
    ...... . . (b) relief for trade losses (see Chapters 2 and 3 of Part 4),. . . (c) relief for losses from ... . . (a) it is owned by a consortium of which the receiving company is a member,. . . (b) it is not a 75% ......
  • Income and Corporation Taxes Act 1970
    • UK Non-devolved
    • 1 de Enero de 1970
    ......deferred pay or compensation for loss of office,. given in respect of his past services in any office or. ... .   . ( b . ) a trading or holding company owned by a consortium. the members of which include the company receiving. the dividends,. . . ......
  • Finance Act 1998
    • UK Non-devolved
    • 1 de Enero de 1998
    ......not to be allowed as a deduction in computing income, profits or losses). shall be amended as follows. . (2) At the beginning there shall be. ... S-81 . Group relief: special rules for consortium cases. 81 Group relief: special rules for consortium cases. . (1) ......
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Books & Journal Articles
  • RECENT PERIODICAL LITERATURE
    • Núm. 15-2, Abril 1952
    • The Modern Law Review
    ...... Z. COWEN: ‘‘Domestic Relntions: Actions for Loss of Consortium,” 26 Austr.L.J. 890. R. GOWSCIIALK : I‘ ......
  • NOTES OF CASES
    • Núm. 25-5, Septiembre 1962
    • The Modern Law Review
    ...... a husband cannot recover in negli- gence for a partial loss of consortium is a striking product of what 22 R. v. ......
  • Some Reforms In The Law Of Tort
    • Núm. 24-1, Enero 1961
    • The Modern Law Review
    ...... done in clearing away the remnants of the action for loss of services, resulting from a tort to the servant. Now ... the husband's action for loss of his wife's consortium and services is not available in reverse in favour of the ......
  • NOTES OF CASES
    • Núm. 15-2, Abril 1952
    • The Modern Law Review
    ...... buyer for damages for breach of contract in respect of loss suffered through non-delivery of the goods, so as to raise ... could claim damages, for inter- ference with her consortium, from a defendant whose negligence had rendered her husband ......
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Law Firm Commentaries
  • English High Court Of Justice Orders Disclosure Of Bank’s Records Related To Misdirected Reinsurance Premiums
    • JD Supra United Kingdom
    In a proceeding seeking an order for disclosure of documents from Barclays Bank, the English High Court of Justice considered the scope of the agency involved in a run-off agreement between a reins...
    ...... with collecting and transmitting of premiums under an Excess of Loss reinsurance policy issued by a Lloyd’s consortium. After SMP allegedly ......
  • Consortium Commercial Developments Ltd V ABB Ltd
    • Mondaq UK
    ......Consortium also claimed for loss of rent and rates over this 12 week period. This claim was based on the previous passing rent of GBP 160,000 pa and rates of GBP 728.60 pw, resulting ......
  • Consortia for digital innovation: building new business models
    • JD Supra United Kingdom
    In today’s digital economy, rather than doing it alone, many organisations are finding that collaboration is a faster route to driving innovation or building new business models. Please ...
    ......A good business plan for the activities of the consortium will be essential. This plan needs to be clear on processes, ...Potential collaborators consistently cite the potential loss of background IP rights as a major risk in such structures.Different ......
  • Real Estate Bulletin - Winter 2016
    • Mondaq UK
    ...... Consortium Commercial Developments Ltd v ABB Ltd. By Keith Conway. Previous Real ...Consortium also claimed for loss of rent and rates over this 12 week period. This claim was based on the ......
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