05 August 2010

(Queen's Bench Division; Thirlwall J; 30 July 2010)

An application by an adult son for damages from his mother in respect of assaults by both parents. The siblings had successfully obtained damages against the father. The claim was dismissed as it was outside the limitation period. The issue was whether the mother owed the son a duty of care at common law.

On the son’s own analysis, the mother’s duty of care could have been discharged only by breaking up the family. Such a duty was novel and should be treated with caution. Given the difficulties family courts had in making decisions as to the care of children, it was undesirable for ordinary civil courts to have to judge retrospectively decisions of a mother about how best to ensure a secure upbringing for her children in context of a claim for damages for negligence.

__________________________________________________________________

Family Law Reports are relied upon by the judiciary, barristers and solicitors and the reports are cited daily in court and in judgments.

They contain verbatim case reports of every important Family Division, Court of Appeal, House of Lords and European courts case, and also includes practice directions, covering the whole range of family law, public and private child law.

Related Products