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 . .
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.
The court considered the quantification of damages after a successful claim by the estate of a man who had died from mesothelioma. Judges: Hamblen J Citations:  EWHC 3033 (QB) Links: Bailii Statutes: Law Reform (Miscellaneous Provisions) Act 1934, Fatal Accidents Act 1976 Jurisdiction: England and Wales Personal Injury, Damages Updated: 30 June 2022; Ref: … Continue reading Beesley v New Century Group Ltd: QBD 16 Dec 2008
Appeal against apportionment of liability Citations:  EWCA Civ 1629 Links: Bailii Statutes: Fatal Accidents Act 1976 Jurisdiction: England and Wales Personal Injury, Damages Updated: 27 June 2022; Ref: scu.219918
‘Two motorists drive alongside each other on a dual carriageway at speeds approaching twice the speed limit, each determined to be the first to reach the point where the road narrows to a single lane and refusing to give way to the other. As the road begins to narrow, the motorist in the inner lane … Continue reading Wallett and Others v Vickers: QBD 14 Nov 2018
Judges: Stewart J Citations:  EWHC 548 (QB) Links: Bailii Statutes: Law Reform (Miscellaneous Provisions) Act 1934, Fatal Accidents Act 1976 Jurisdiction: England and Wales Professional Negligence Updated: 14 June 2022; Ref: scu.634340
The Claimant was a child who would have been dependant on his deceased young mother only until adulthood. When the trial took place the infant Plaintiff was 11.5 with a dependency until the age of 18. As the multiplier calculated as at the date of death was 12 there was only one half of a … Continue reading Corbett v Barking Havering and Brentwood Health Authority: CA 1991
The mother was tortiously killed, the father was no longer on the scene, and an aunt had to give up work to look after the three children. Held: There were two heads of claim; the ‘disbursement dependency’, representing the mother’s financial contribution to the family in the form of a proportion of her wages; and … Continue reading Cresswell v Eaton: 1991
The claimant appealed an award of andpound;1,000 damages for the death of his wife for professional negligence. Doctors had differed as to whether the delay complained of had contributed to the death. Held: It was vital now that medical negligence cases were being conducted in the county court that practice as to experts’ disclosure of … Continue reading Wardlaw v Dr Farrar: CA 27 Nov 2003
Citations:  ScotCS 80 Links: Bailii Statutes: Fatal Accidents and Sudden Deaths Inquiry (Scotland) Act 1976 Jurisdiction: Scotland Coroners Updated: 06 June 2022; Ref: scu.175369
The claimants were the children of the deceased, seeking damages following the death of their mother. At the time of the death they were not living with their father but moved to live with him after the death. They claimed damages for the services provided by the father and his new wife. Held: The new … Continue reading ATH and another (Executors of the Estate of M, decd) v MS: CA 11 Jun 2002
The claimant who was Dutch, was a widow of a fisherman who had died at sea. The question on appeal was ‘in assessing damages for loss of dependency should benefits resulting from the loss be deducted from the damages?’ The claimant’s position under Dutch law was different, with all benefits deducted from any compensation awarded. … Continue reading Roerig v Valiant Trawlers Ltd: CA 28 Jan 2002
Judges: His Honour Judge David Wilcox Citations:  EWHC 310 (TCC) Links: Bailii Statutes: Fatal Accidents Act 1976, Law Reform Miscellaneous Provisions Act 1934 Jurisdiction: England and Wales Personal Injury Updated: 05 June 2022; Ref: scu.442100
The claimant appealed against an order striking out his claim, though it raised a novel point under the 1976 Act. Did section 2(3) of the Act, providing: ‘Not more than one action shall lie for and in respect of the same subject-matter of complaint.’, mean that if a writ was issued in a Fatal Accidents … Continue reading Cachie and Others v Faluyi: CA 27 Jun 2001
Citations:  ScotSC 71 Links: Bailii Jurisdiction: Scotland Coroners Updated: 30 May 2022; Ref: scu.463967
Citations:  EWCA Civ 712 Statutes: Fatal Accidents Act 1976 Jurisdiction: England and Wales Personal Injury, Damages Updated: 30 May 2022; Ref: scu.145627
The deceased had been a passenger in a car. He had known the driver was not insured. The estate claimed first damages from the first defendant driver, and only then to enforce the judgment against the second defendant. Held: The MIB was accountable for the judgment. Seymour J considered how the Agreement under which the … Continue reading Phillips v Rafiq and Moror Insurer’s Bureau: QBD 11 May 2006
The company appealed the calculation of an award of damages to the respondent following the death of her husband, a former employee. The deceased had operated a company in Ireland as a property developer. The company alleged that the earnings were not directly dependent upon his input, but upon capital and otherwise. Held: Such assessments … Continue reading Cape Distribution Ltd v Aine O’Loughlin: CA 8 Feb 2001
The claimant sought damages from the defendant after the death of her father in the Potters Bar rail crash. The defendant applied for summary judgment saying that English law did not recognise a claim by a family member of a deceased save through the claim of the estate itself. The claimant said that this would … Continue reading Cameron and others v Network Rail Infrastructure Ltd: QBD 18 May 2006
The words of the section had to be construed so as to make it compatible with the human rights convention. Accordingly the term ‘action’ in the Act was to be interpreted to mean an action where a writ was served. Children whose mother had been killed, had the human right to claim compensation for their … Continue reading Cachia and Others v Faluyi: CA 11 Jul 2001
The MOD was liable in negligence for an airman’s death due to its breach of duty if regulations were not kept to. Citations: Independent 03-Jun-1993 Statutes: Fatal Accidents Act 1976, Law Reform (Miscellaneous Provisions) Act 1934 Cited by: Appeal from – Barrett v Ministry of Defence CA 3-Jan-1995 The deceased was an off-duty naval airman. … Continue reading Barrett v Ministry of Defence: QBD 3 Jun 1993
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
Judges: Kirsty Brimelow QC (Sitting as a Deputy High Court Judge) Citations:  EWHC 934 (QB) Links: Bailii Statutes: Fatal Accidents Act 1976 Jurisdiction: England and Wales Personal Injury Updated: 15 May 2022; Ref: scu.676351
In each case, the deceased, died as a result of the defendants’ negligence. The parents claimed damages for themselves as dependants under the 1976 Act, and for the estate under the 1934 Act. The claims under the 1976 Act were held to have been extinguished by the awards under the 1934 Act. Each award included … Continue reading Gammell v Wilson; Furness v Massey: HL 1982
When assessing damages under the Act, the court’s job was limited to that of calculating financial dependency. The deceased had provided, as his wife, housekeeping services to the claimant, but she had been in poor and diminishing health. There was no way in reality of predicting whether she could have continued to provide those services … Continue reading Thomas v Kwik Save Stores Ltd: CA 27 Jun 2000
In a claim for damages under the Act, the dependency of a carer receiving benefits for the giving of the care might be allowed for. Benefits were treated differently according to their nature. If there was a genuine loss, then the fact that the loss was of benefits was not material. Citations: Times 17-Jun-1999, Gazette … Continue reading Cox v Hockenhull: CA 17 Jun 1999
Lord Diplock set out the method of assessment of damages for lost years: ‘Here was an obvious injustice which this House remedied by overruling Oliver v. Ashman  2 Q.B. 210 and holding that a living plaintiff could recover damages for loss of earnings during the lost years; but that in assessing the measure of … Continue reading Gammell v Wilson; Furness v Massey: HL 1980
Judges: His Honour Judge Pearce On Appeal From Deputy District Judge Harris Citations:  EWHC 2550 (Comm) Links: Bailii Statutes: Law Reform Miscellaneous Provisions Act 1934, Fatal Accidents Act 1976 Jurisdiction: England and Wales Personal Injury, Coroners, Costs Updated: 05 May 2022; Ref: scu.657548
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
The court was asked: ‘whether the current approach to assessing the financial losses suffered by the dependant of a person who is wrongfully killed properly reflects the fundamental principle of full compensation, and if it does not whether we should depart from previous decisions of the House of Lords.’ Held: The correct date as at … Continue reading Knauer v Ministry of Justice: SC 24 Feb 2016
A widow received a widow’s pension under a Coal Board scheme on the death of her husband, which had been caused by the defendants’ negligence. Held: She did not have to give credit for this pension when the value of her dependency on her husband for the rest of his anticipated lifetime (from his earnings … Continue reading Auty v National Coal Board: CA 1985
The respondent appealed against a finding that the provision which made a loan agreement completely invalid for lack of compliance with the 1974 Act was itself invalid under the Human Rights Act since it deprived the respondent lender of its property rights. It was also argued that it was not possible to make a declaration … Continue reading Wilson v Secretary of State for Trade and Industry; Wilson v First County Trust Ltd (No 2): HL 10 Jul 2003
The defendant appealed from a finding that his force had owed the deceased a duty of care. She had taken her own life. Earlier her mother had made a 999 call from concern about her daughter, and said that the defendant had not responded despite promising to do so. Held: The appeal was dismissed Judges: … Continue reading Sherratt v Chief Constable of Greater Manchester Police: QBD 16 Jul 2018
The claimant’s husband had committed suicide. She sought damages for financial loss from his former employers under the 1976 Act. He had suffered a severe and debilitating injury working for them leading to his depression and suicide. The employers said that these damages were too remote. Held: The employer’s appeal was dismissed.Lord Bingham said: ‘Mr … Continue reading Corr v IBC Vehicles Ltd: HL 27 Feb 2008
The claimant’s husband hanged himself in Risley Remand Centre after the police had failed to warn the prison authorities that he was (as the police knew) a suicide risk. He was suffering from clinical depression and had previously attempted suicide more than once. Held: The defendant’s appeal failed. The police, had assumed responsibility for the … Continue reading Kirkham v Anderton, The Chief Constable of the Greater Manchester police: CA 20 Dec 1989
The deceased had suffered a head injury whilst working for the defendant. In addition to severe physical consequences he suffered post-traumatic stress, became more and more depressed, and then committed suicide six years later. The claimant appealed against refusal of an award under the 1976 Act. The judge had decided that it was not part … Continue reading Corr v IBC Vehicles Ltd: CA 31 Mar 2006
Citations:  ScotSC 104 Links: Bailii Jurisdiction: Scotland Coroners Updated: 12 April 2022; Ref: scu.463983
Judges: His Honour Judge Harrison Sitting as a Judge of the High Court Citations:  EWHC 455 (QB) Links: Bailii Statutes: Law Reform Miscellaneous Provisions Act 1934, Fatal Accidents Act 1976 Jurisdiction: England and Wales Health Professions, Personal Injury Updated: 05 April 2022; Ref: scu.674531
The claimant and her family were in a car crash while on holiday in Egypt. The claimant’s husband and his daughter died. The holiday had been booked in England and the car excursion booked in advance from England. The hotel operator was incorporated in Canada, and denied that the English court had jurisdiction. Each party … Continue reading Four Seasons Holdings Incorporated v Brownlie: SC 19 Dec 2017
Judges: Master Thornett Citations:  EWHC 67 (QB) Links: Bailii Statutes: Law Reform (Miscellaneous Provisions) Act 1934, Fatal Accidents Act 1976 Jurisdiction: England and Wales Negligence Updated: 11 February 2022; Ref: scu.671559
The deceased was shot by police officers raiding his flat in 1998. The claimants sought damages for his estate. They had succeeded in claiming damages for false imprisonment, but now appealed dismissal of their claim for damages for assault and misfeasance. The judge below had accepted that the officer had acted in self-defence, and entered … Continue reading Ashley and Another v Sussex Police: CA 27 Jul 2006
The claimant sought damages after the death of her husband at the admitted negligence of the defendant hospital. Jay J  EWHC 2848 (QB) Bailii Law Reform (Miscellaneous Provisions) Act 1934, Fatal Accidents Act 1976 England and Wales Personal Injury, Damages Updated: 25 January 2022; Ref: scu.571116
The claimant had cohabited with the deceased: ‘The claimant seeks a declaration in one of two alternative forms: i) Pursuant to s.3 of the Human Rights Act 1998 . . that s.1A(2)(a) of the Fatal Accidents Act 1976 . . is to be read as including cohabitees who were living with the deceased in the … Continue reading Smith v Lancashire Teaching Hospitals NHS Trust and Another: QBD 8 Sep 2016
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
Application for permission to appeal by StormHarbour against a judgment finding that StormHarbour was liable under the Fatal Accidents Act 1976 and the Law Reform (Miscellaneous Provisions) Act 1934 for the death of its employee, Mr Dusek. The Claimants in the proceedings are Mr Dusek’s widow and children. Mr Dusek died in a helicopter accident … Continue reading Stormharbour Securities Llp v Dusek and Others: CA 24 Jun 2016
The parties had gone through a ceremony of marriage in Columbia, being both women. After the relationship failed, the claimant sought a declaration that the witholding of the recognition of same-sex marriages recoginised in a foreign jurisdiction was an infringement of her human rights. Held: Such a relationship is recognised in England as a civil … Continue reading Wilkinson v Kitzinger and others: FD 31 Jul 2006
Claim for damages against doctor, saying he had failed to advise the deceased to attend his GP to have raised blood pressure investigated. Simpkiss HHJ  EWHC 2739 (QB) Bailii Law Reform (Miscellaneous Provisions) Act 1934, Fatal Accidents Act 1976 England and Wales Professional Negligence Updated: 12 January 2022; Ref: scu.554090
Appeal against rejection of claim for damages after falling down stairs – no hand rail. Richard Parkes QC HHJ  EWHC 262 (QB) Bailii Fatal Accidents Act 1976, Law Reform (Miscellaneous Provisions) Act 1934 England and Wales Personal Injury Updated: 10 January 2022; Ref: scu.560332
The bank challenged measures taken by HM Treasury to restrict access to the United Kingdom’s financial markets by a major Iranian commercial bank, Bank Mellat, on the account of its alleged connection with Iran’s nuclear weapons and ballistic missile programmes. The bank sought to have the direction given under section 7 of the 2008 Act. … Continue reading Bank Mellat v Her Majesty’s Treasury (No 2): SC 19 Jun 2013
The claimants were personal representatives of passengers who had died in a helicopter crash. They alleged that StormHarbour was in breach of its duty as employers to provide Mr Dusek with a safe place of work, safe equipment and a safe system of working. Hamblen J  EWHC 37 (QB) Bailii Fatal Accidents Act 1976, … Continue reading Dusek and Others v Stormharbour Securities Llp: QBD 19 Jan 2015
Claim for damages brought on behalf of the Claimant Mrs Michelle Hayes and her three sons as well as on behalf of the estate of her former husband Mr Paul Hayes. Coe QC HHJ  EWHC 18 (QB) Bailii Fatal Accidents Act 1976, Law Reform (Miscellaneous Provisions) Act 1934 Personal Injury, Professional Negligence Updated: 27 … Continue reading Hayes v South East Coast Ambulance Service NHS Foundation Trust: QBD 15 Jan 2015
 ScotSC 12 Bailii Scotland Coroners Updated: 16 December 2021; Ref: scu.534180
‘whether or not the duty imposed by Regulation 9 is absolute, and does not require the proof of any fault on the part of the employer. Should the adequacy of the training given to an employee be judged by the result in the light of events or should it, as the judge held, be assessed … Continue reading Allison v London Underground Ltd: CA 13 Feb 2008
A joint tortfeasor’s concurrent liability was discharged entirely by a full and final settlement and compromise of the claim against the other tortfeasor if in respect of the same harm. A dependency claim made by the claimant’s executors could not proceed where the deceased had settled his own claim in damages. Lord Browne-Wilkinson Lord Lloyd … Continue reading Jameson and Another v Central Electricity Generating Board and others: HL 16 Dec 1998
 ScotSC 107 Bailii Scotland, Coroners Updated: 28 November 2021; Ref: scu.519717
Collender QC HHJ  EWHC 4088 (QB) Bailii Law Reform (Miscellaneous Provisions) Act 1934, Fatal Accidents Act 1976 England and Wales Professional Negligence, Personal Injury Updated: 27 November 2021; Ref: scu.519229
Application to strike out claim as an abuse of process. The claim was for asbestos related condition leading to the death of the claimant’s husband. The defendants denied liability and causation, saying that he had been a confirmed smoker. The post mortem had found asbestos fibres. The defendants complained that the actions of the claimants … Continue reading Matthews v Collins (T/A Herbert Collins and Sons) and Others: QBD 4 Oct 2013
 ScotSC 54 Bailii Scotland, Coroners Updated: 19 November 2021; Ref: scu.514408
 ScotSC 52 Bailii Fatal Accidents and Inquiries (Scotland) Act 1976 Scotland, Coroners Updated: 19 November 2021; Ref: scu.514407
 ScotSC 41 Bailii Jury Updated: 17 November 2021; Ref: scu.513849
 ScotSC 30 Bailii The Fatal Accidents and Inquiries (Scotland) Act 1976 Coroners, Scotland Updated: 17 November 2021; Ref: scu.513843
 ScotSC 113 Bailii Jury Updated: 17 November 2021; Ref: scu.513856
Death by drowning of coach passenger after it plunged through bridge parapet into river. Sheriff Nikola C Stewar  ScotSC 38 Bailii Fatal Accidents and Sudden Deaths Inquiry (Scotland) Act 1976 Scotland, Coroners Updated: 17 November 2021; Ref: scu.513847
 ScotSC 15 Bailii Scotland Coroners Updated: 17 November 2021; Ref: scu.513827
 ScotSC 24 Bailii Jury Updated: 17 November 2021; Ref: scu.513826
Responsibility for IRA bombing fixed The claimant sought a finding that the defendant had been responsible for a IRA bombing in 1982 which killed her father and three other soldiers and injured 31 others. He had been acquitted at a criminal trial. Held: The limitation period was extended: ‘As was said in Carroll, the burden … Continue reading Young v Downey: QBD 18 Dec 2019
The claimants sought to bring an action for damages after a family member suspected of dealing drugs, was shot by the police. At the time he was naked. The police officer had been acquitted by a criminal court of murder. The chief constable now appealed a finding that he might nevertheless be liable in a … Continue reading Ashley and Another v Chief Constable of Sussex Police: HL 23 Apr 2008
Same Sex Partner Entitled to tenancy Succession The protected tenant had died. His same-sex partner sought a statutory inheritance of the tenancy. Held: His appeal succeeded. The Fitzpatrick case referred to the position before the 1998 Act: ‘Discriminatory law undermines the rule of law because it is the antithesis of fairness. It brings the law … Continue reading Ghaidan v Godin-Mendoza: HL 21 Jun 2004
The claimant’s husband had been lost from the defendant’s ship at sea. The defendant had contracted to pay compensation unless the loss was by suicide. They so determined. The court was now asked whether that was a permissible conclusion in the circumstances: ‘This case raises two inter-linked questions of principle, one general and one particular. … Continue reading Braganza v BP Shipping Ltd: SC 18 Mar 2015
The deceased had committed suicide on escaping from a mental hospital. The Trust appealed against a refusal to strike out the claim that that they had been negligent in having inadequate security. Held: The Trust’s appeal failed. The fact that she was detained for her own protection rather than to protect others required different standards … Continue reading Savage v South Essex Partnership NHS Foundation Trust (MIND intervening): HL 10 Dec 2008
The claimant widow sued in negligence after the disappearance overboard of her husband from the respondent’s ship. The court had found insufficient evidence to establish the cause of death, either as to negligence as suggested by the claimant, or as to suicide as suggested by the defendant. Held: The evidence for suicide was sufficient. Longmore, … Continue reading Braganza v BP Shipping Ltd and Others: CA 22 Mar 2013
The deceased member of the armed forces had died in a road traffic accident in Germany. The parties didputed whether the principles governing the calculation of damages were those in the 1976 Act and UK law, or under German law. Held: ‘There is no difficulty in identifying the critical issues on this appeal for the … Continue reading Cox v Ergo Versicherung Ag: CA 25 Jun 2012
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
The plaintiffs sought damages for nervous shock. They had watched on television, as their relatives and friends, 96 in all, died at a football match, for the safety of which the defendants were responsible. The defendant police service had not defended a claim of negligence in their management of safety at the match at Hillsborough … Continue reading Alcock and Others v Chief Constable of South Yorkshire Police: HL 28 Nov 1991
The plaintiff was the mother of a child who died in an horrific accident, in which her husband and two other children were also injured. She was at home at the time of the accident, but went to the hospital immediately when she had heard what had happened. She saw and comforted her injured husband … Continue reading McLoughlin v O’Brian: HL 6 May 1982
The deceased, a young man of mixed race, had been placed in a cell with another prisoner who was known to be violent, racist, and mentally unstable. The staff knew that the panic button was defective. The deceased was murdered by his cell-mate. His family asserted that the prison authorities had failed to protect his … Continue reading Edwards v The United Kingdom: ECHR 14 Mar 2002
The Office appealed against decisions ordering it to release information about the gateway reviews for the proposed identity card system, claiming a qualified exemption from disclosure under the 2000 Act. Held: The decision was set aside for breaching the rule against impugning an action of Parliament. The minister had made a statement as to the … Continue reading Office of Government Commerce v Information Commissioner and Another: Admn 11 Apr 2008
The claimant sought damages after her husband’s death. The defendant sought to deduct from any damages payable, the payments made from its Employee Benefit Trust. Held: The payments were to be disregarded. The payments accrued to the claimant not through her late husband’s estate but directly through the trust. The claim was made through the … Continue reading Arnup v MW White Ltd: CA 7 May 2008
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 claimants asserted negligence in the defendant in failing to provide an adequate response to an emergency call, leading, they said to the death of their daughter at the hands of her violent partner. They claimed also under the 1998 Act. The . .
The claimant’s mother died in a car accident caused by the father. The father then took over the mother’s role in caring for the claimant.
Held: Those services, and compensation awarded to provide for them, were not a benefit accruing as a . .
The claimant appealed against refusal of a declaration that the 1976 Act infringed her human rights. She had been cohabiting for six months, when her partner was killed in an accident at work for which a third party was liable. Because she had not . .
Sir Terence Etherton MR agreed with counsel that ‘the only sure common thread running through the various descriptions of the ambit test, for the purposes of article 14, in the several speeches in M  2 AC 91 is that the connection or link . .
Mesothelioma claim . .
Quantification of loss sustained by the estate of the deceased pursuant to the Law Reform (Miscellaneous Provisions) Act 1934 and the value of the dependency pursuant to the Fatal Accidents Act 1976. . .
There could be no Fatal Accidents Acts damages for a loss of ‘moonlighting’ earnings dependency. . .
The deceased was an off-duty naval airman. The claim was based upon the alleged negligent failure of the defendant to enforce disciplinary regulations against drunkenness so as to protect the deceased against his own known proclivity for alcohol . .