Dear all,

In Drake v Foster Wheeler Ltd [2010] EWHC 2004, [2011] 1 All ER 63 the defendant's negligence had led to an employee's death through asbestos poisoning, and a charitable hospice had provided nursing and other palliative care. Thornton QC, sitting as a judge, held that the reasonable costs of such care were recoverable from the defendant, and further that payment should be made directly to the hospice. He also commented, "Although this sum, which is entirely made up of past loss and expenditure, is subject to a trust in favour of St Joseph's, the court may now since the introduction of the CPR direct that a trust need not be established." [para 43 (page 74)]

My question is not so much is this right - it seems a fairly straightforward application of Hunt v Severs and we all know what the criticisms of that case are - as what part of the CPR is Thornton QC talking about. I'm afraid I can't track down any part of the CPR that looks relevant.

Duncan

Dr Duncan Sheehan
Senior Lecturer in Law
Deputy Head of School
UEA Law
University of East Anglia
Norwich NR4 7TJ
United Kingdom

Phone:44(0)1603 593255

Papers at http://ssrn.com/author=648495
See my BePress site at http://works.bepress.com/duncan_sheehan