Drake and another v Foster Wheeler Ltd: QBD 5 Aug 2010

The claimant sought damages for asbestosis. He had been given Hospice care in the period up to his death. A claim was made for the costs of such voluntary care, suggesting a parallel with a claim which might be made by a relative providing voluntary care.
Held: The claim succeeded. The claim was novel, arguing that the defendant should not be able to deduct from damages payable savings made when a third party offered gratuitous charitable care. The claim was in line with established principles and it was unlikely to lead to substantial numbers of claims.

Judges:

Thornton QC J

Citations:

[2010] EWHC 2004 (QB), [2010] WLR (D) 232

Links:

WLRD

Jurisdiction:

England and Wales

Personal Injury, Damages

Updated: 06 February 2022; Ref: scu.421531