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Harris v Lewisham & Guys Mental Health Trust

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The Court of Appeal handed down its decision on Friday 23rd March in Harris (personal representative of Andrews) v Lewisham & Guy's Mental Health Trust.

A copy of the decision is attached (HTML format).

Issue
Do claims under the RRA 1976 survive the death of the applicant, or does the cause of action die with the applicant?

Ratio
Claims under the RRA 1976 survive the death of the applicant. The EAT's decision, dismissing the claim, was reversed.

Obiter
The position under the SDA 1975 and DDA 1995 is analogous, i.e. claims survive the death of applicants.

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