Whitehouse v Jordan

Parliamentary Archives,
HL/PO/JU/18/240

Die Mercurii 17° Decembris 1980

Upon Report from the Appellate Committee to whom
was referred the Cause Whitehouse (Assisted Person)
(suing by his mother and next friend Eileen Whitehouse)
against Jordan and others, That the Committee had
heard Counsel as well on Monday the 27th, Tuesday
the 28th, Wednesday the 29th, and Thursday the 30th
days of October last as on Monday the 3^rd day of
November last upon the Petition and Appeal of Stuart
Charles Whitehouse of East Leigh, Rowney Green
Lane, Rowney Green, Alvechurch in the County of
Worcester praying that the matter of the Order set forth
in the Schedule thereto, namely an Order of Her
Majesty's Court of Appeal of the 5th day of December
1979 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
Petitioner might have such other relief in the premises
as to Her Majesty the Queen in Her Court of Parliament
might seem meet; as also upon the Case of J. A. Jordan
and the Board of Governors of the United Birmingham
Hospitals Board 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
Her Majesty's Court of Appeal (Civil Division) of the
5th day of December 1979 complained of in the said
Appeal be, and the same is hereby, Affirmed and that
the said Petition and Appeal be, and the same is hereby,
dismissed this House: and it is further Ordered, That
the Appellant's Costs in this House be taxed in
accordance with the provisions of schedule 2 to the
Legal Aid Act 1974.

Whitehouse (A.P.) (suing by his mother and next friend Eileen Whitehouse) (Appellant) v. Jordan and others (Respondents).

Die Jovis 19° Februarii 1981

After hearing Counsel for the Respondents and for
the Law Society on a Question of Costs out of the Legal
Aid Fund:

It is Ordered, by the Lords Spiritual and Temporal
in the Court of Parliament of Her Majesty the Queen
assembled, That the First and Second Respondents'
Costs in the Court of Appeal and in this House be paid
out of the Legal Aid Fund pursuant to Section 13 of the
Legal Aid Act 1974, the amount of such last mentioned
Costs to be certified by the Clerk of the Parliaments.

HOUSE OF LORDS

WHITEHOUSE (A.P.) (SUING BY HIS MOTHER AND
NEXT FRIEND EILEEN WHITEHOUSE) (APPELLANT)

v.

JORDAN AND OTHERS (RESPONDENTS)

Lord Wilberforce
Lord Edmund-Davies
Lord Fraser of Tullybelton
Lord Russell of Killowen
Lord Bridge of Harwich

Lord Wilberforce

My Lords,

Stuart Whitehouse is a boy now aged ten: he was born on 7th January
1970, with severe brain damage. In these circumstances, tragic for him and
for his mother, this action…