This blog looks in brief at three cases in which the Supreme Court has decided on applications for permission to appeal. One concerns reinsurance recoveries following mesothelioma claims, another the alleged misuse of personal data by Google and the third deals with liability for uninsured off road driving.
The highest court will once again consider the basis and application of the doctrine that no recovery should flow from illegal acts (often cited in Latin as the ex turpi causa rule), something which has been before the Supreme Court on several occasions in recent years in very different factual settings. The latest case involves a claim by a psychiatric patient against an NHS Trust for losses arising from the death of her mother. She had killed her mother while under the Trust’s care and it was agreed this would not have happened but for failings in the care provided to her. Seven Justices will hear the case by video conference in mid-May.
The claim concerned the attempted recovery by insurers of the proceeds of a settlement paid for the loss of a ship. The question before the Supreme Court was whether English courts had jurisdiction under the rules in the Brussels I regulation. The interpretation of that regulation in matters relating to insurance has been more commonly seen in road traffic accident cases and tour operator / holiday claims. The underlying facts in Aspen may be very different to personal injuries sustained abroad, but the decision is nevertheless relevant to them.