Hodgson v Trapp

Parliamentary Archives,
HL/PO/JU/18/248

Hodgson (Respondent) v. Trapp and others (Appellants) and

Hodgson (a patient suing by her husband and next friend Keith

Elliot Hodgson) (Respondent) v. Trapp and others (Appellants)

(Petitions consolidated by order dated 21st November 1986) (On

Appeal from the Queen's Bench Division of the High Court of

Justice)

JUDGMENT

Die Jovis 10° Novembris 1988

Upon Report from the Appellate Committee to whom was
referred the Cause Hodgson against Trapp and others and
Hodgson (a patient suing by her husband and next friend Keith
Elliot Hodgson) against Trapp and others (petitions
consolidated by order dated 21st November 1986) (On Appeal
from the Queen's Bench Division of the High Court of Justice),
That the Committee had heard Counsel on Monday the 11th,
Tuesday the 12th and Monday the 18th days of July last, upon
the Petition and Appeal of Maurice Alan Trapp and Stratford on
Avon District Council, praying that the matter of the Order
set forth in the Schedule thereto, namely an Order of Mr.
Justice Taylor of the 8th day of May 1987, might be reviewed
before Her Majesty the Queen in Her Court of Parliament and
that the said Order might be reversed, varied or altered or
that the Petitioners might have such other relief in the
premises as to Her Majesty the Queen in Her Court of
Parliament might seem meet; as upon the Case of Keith Elliot
Hodgson and Christine Elizabeth Hodgson lodged in answer to
the said appeal; and due consideration had this day of what
was offered on either side in this Cause:

It is Ordered and Adjudged, by the Lords Spiritual and
Temporal in the Court of Parliament of Her Majesty the Queen
assembled, That the said Order of Mr. Justice Taylor of the
8th day of May 1987 complained of in the said Appeal be, and
the same is hereby, Varied by reducing the quantum of damages
and the interest payable thereon to the extent indicated in
the penultimate paragraph of the speech of the Lord Bridge of
Harwich and the concluding sentence of the speech of the Lord
Oliver of Aylmerton: And it is further Ordered, That the
Cause be, and the same is hereby, remitted back to the Queen's
Bench Division of the High Court of Justice to do therein as
shall be just and consistent with this Judgment.

Cler: Parliamentor:

Judgment: 10.11.88

HOUSE OF LORDS

HODGSON
(RESPONDENT)

v.

TRAPP AND OTHERS
(APPELLANTS)

AND HODGSON

(A PATIENT SUING BY HER HUSBAND AND NEXT FRIEND

KEITH ELLIOT HODGSON)
(RESPONDENT)

v.

TRAPP AND OTHERS

(APPELLANTS)
(PETITIONS CONSOLIDATED BY ORDER DATED 21 NOVEMBER

1986)

(ON APPEAL FROM THE QUEEN'S BENCH DIVISION OF THE

HIGH COURT OF JUSTICE)

Lord Chancellor
Lord Bridge of Harwich
Lord Brandon of Oakbrook
Lord Oliver of Aylmerton
Lord Goff of Chieveley

LORD MACKAY OF CLASHFERN

My Lords,

I have had the advantage of reading in draft the speeches
to be delivered by my noble and learned friends, Lord Bridge of
Harwich and Lord Oliver of Aylmerton. I…