Simpson v Norfolk & Norwich University Hospital NHS Trust [2011] EWCA Civ 1149 (12 October 2011)

Simpson v Norfolk & Norwich University Hospital NHS Trust [2011] EWCA Civ 1149 (12 October 2011)

Assignment of a bare cause of action in tort for personal injury to a person with no legitimate interest in the claim is void for public policy reasons, as it savours of champerty and constitutes wanton and officious intermeddling.

Citation
[2011] EWCA Civ 1149
Parties
Claimant/appellant: Jennifer Simpson (as assignee of Alan Catchpole); Defendant/respondent: Norfolk & Norwich University Hospital NHS Trust
Jurisdiction
England and Wales
Judgment Date
12 October 2011
Procedural Posture
Appeal From County Court / Court of Appeal Judgment
Outcome
Appeal dismissed
Legal Topics
Assignment of Causes of Action, Personal Injury, Maintenance and Champerty, Public Policy
Civil Procedure Tort Law Assignment of Causes of Action Personal Injury Maintenance and Champerty Public Policy

Case Brief

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Downloadable case file Legal principles 4 Authorities cited 22 Party arguments 2 Amounts and remedies 3
Sign in to unlock

Parties

Jennifer Simpson (as assignee of Alan Catchpole)

Claimant/appellant

Norfolk & Norwich University Hospital NHS Trust

Defendant/respondent

Procedural Posture

Appeal From County Court / Court of Appeal Judgment

Legal Issues

  1. 1 Is a cause of action in tort for damages for personal injury capable of assignment?
  2. 2 If so, under what circumstances is such an assignment void for reasons of public policy?

Ratio Decidendi

Assignment of a bare cause of action in tort for personal injury to a person with no legitimate interest in the claim is void for public policy reasons, as it savours of champerty and constitutes wanton and officious intermeddling.

Court Disposition

Appeal dismissed

Orders

  • Assignment declared void
  • Claim struck out