The deceased died in a road traffic accident whilst serving in the Armed forces in Germany. The driver was insured under German law. The widow now claimed damages in England. She had entered a new relationship. Held: The object of section 844 of the German regulations was to restore the claimant to the financial position … Continue reading Cox v Ergo Versicherung Ag and Another: QBD 28 Oct 2011
Ships collided at sea. The negligent crew were aboard the British ship. A crew member on the Norwegian ship died in the collision, and his family sued here. Held: The family had a right of action against the defendant owners of the British ship. The existence of a cause of action in favour of dependants … Continue reading Davidsson v Hill: CA 1901
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 Jurisdiction: England and Wales Citing: Cited … Continue reading Hay v Hughes: CA 17 Oct 1974
The plaintiff made a claim in damages for the loss of her mother’s services. Held: In assessing a FAA claim on behalf of a child a judge, directing himself as he would a jury, was, in valuing the mothers services to take into account the change in nature of a mother’s services as the child … Continue reading Spittle v Bunney: CA 1988
A Russian seaman died as the result of a collision in international waters between two foreign registered vessels. His family sought to claim here. Held: The benefit of the Fatal Accidents Acts can, in principle, be claimed by a foreigner. The rule which imposed liability for negligently causing a fatal injury was a universal rule … Continue reading The Esso Malaysia: 1974
The court considered the award of damages under the Fatal Accidents Acts, and the award of proportionate damages for the loss of a deceased mother’s service. Held: Lord Diplock said: ‘The pecuniary loss which the Court has to assess is a loss which will be sustained in the future. This involves making two estimates, videlicet, … Continue reading Malvon v Flummer: 1964
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
The deceased man, the father of the plaintiff, had taken an unfurnished house from the defendants, who had installed a gas boiler with a special gas-burner which if properly regulated required no flue. The deceased and his wife were killed by fumes from the apparatus. Held: The apparatus was part of the realty and the … Continue reading Bottomley v Bannister: CA 1932
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
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
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
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
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
The defendant’s employee left a lorry at the top of a steep narrow street unattended, with the engine running and without having taken proper steps to secure it. The lorry ran violently down the hill. The plaintiff’s wife had been walking up the . .
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 . .