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Hay v Hughes: CA 17 Oct 1974

A couple had died in a road accident. The court considered the award of damages for dependency. Judges: Edmund-Davies L, Stephenson, Buckley, Ormrod LJJ Citations: [1975] QB 790, [1974] EWCA Civ 9 Links: Bailii Statutes: Law Reform (Miscellaneous Provisions) Act 1934, Fatal Accidents Act 1846, Fatal Accidents Act 1959 Citing: Cited – George Franklin, Administrator … Continue reading Hay v Hughes: CA 17 Oct 1974

Read v Great Eastern Railway Company: QBD 25 Jun 1868

A railway passenger was injured; he sued and was awarded damages. He died later from injury on the accident. Held: The widow could not bring an action for loss of dependency under section 1 of the 1846 Act. The cause of action was the defendants’ negligence, which had been satisfied in the deceased’s lifetime, and … Continue reading Read v Great Eastern Railway Company: QBD 25 Jun 1868

Williams v Mersey Docks and Harbour Board: CA 1905

The deceased suffered an injury in December 1902 which would have entitled him to institute proceedings against the harbour board within the special statutory period of six months pursuant to the 1893 Act. No such action was brought by the deceased, so that this action was statute-barred. Following his death in December 1904, his widow … Continue reading Williams v Mersey Docks and Harbour Board: CA 1905

Cox v Ergo Versicherung Ag: SC 2 Apr 2014

The deceased army officer serving in Germany died while cycling when hit by a driver insured under German law. His widow, the claimant, being domiciled in England brought her action here, claiming for bereavement and loss of dependency. The Court was asked whether German or UK law applied to the assessment of the damages. Held: … Continue reading Cox v Ergo Versicherung Ag: SC 2 Apr 2014

Seward v The Vera Cruz: HL 1884

The House was asked to rule upon the nature of a fatal accident claim as established by the 1846 Act, Lord Campbell’s Act – was it such as to be within the jurisdiction of the Admiralty Division?
Held: Earl of Selbourne LC said: ‘Lord . .

Parry v Cleaver: HL 5 Feb 1969

PI Damages not Reduced for Own Pension The plaintiff policeman was disabled by the negligence of the defendant and received a disablement pension. Part had been contributed by himself and part by his employer. Held: The plaintiff’s appeal succeeded. Damages for personal injury were not to be reduced by deducting the full net value of … Continue reading Parry v Cleaver: HL 5 Feb 1969

Cookson v Knowles: HL 24 May 1978

The House described the approach to the calculation of damages for a dependency under the Fatal Accidents Acts. Held: The multipliers in Fatal Accidents Act cases should be calculated from the date of death. Sections 3 and 4 mark a departure from the ordinary principles of assessment in English law, which can fairly be described … Continue reading Cookson v Knowles: HL 24 May 1978

Pickett v British Rail Engineering: HL 2 Nov 1978

Lost Earnings claim Continues after Death The claimant, suffering from mesothelioma, had claimed against his employers and won, but his claim for loss of earnings consequent upon his anticipated premature death was not allowed. He began an appeal, but then died. His personal representatives appealed. Held: The House assumed that, because the claimant had brought … Continue reading Pickett v British Rail Engineering: HL 2 Nov 1978