(Re)insurance Weekly Update 28- 2018

A summary of recent developments in insurance, reinsurance and litigation law

Henderson v Dorset Healthcare: Court of Appeal considers the illegality defence in the field of tort

http://www.bailii.org/ew/cases/EWCA/Civ/2018/1841.html

The claimant killed her mother whilst experiencing a serious psychotic episode. She brought claims in the common law tort of negligence against the defendant NHS trust, which were dismissed at first instance on the basis of the illegality doctrine. Her appeal from that decision has now been dismissed by the Court of Appeal which held that:

1.  All of her claims (and not just the one relating to her loss of liberty) were barred (she had sought to modify the common law forfeiture rule after she was unable to inherit in full under her mother's will).