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
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The plaintiff’s son aged 10 died of Addison’s Disease which had not been diagnosed. An action against the Health Authority was settled. The parents then brought an action against 5 doctors in their local GP Practice in relation to matters that had taken place post death. The allegations included conspiracy to injure by unlawful means. … Continue reading Powell and Another v Boldaz and others: CA 1 Jul 1997
Appeal re award of interest on claim under Fatal Accidents Act.Hooper LJ confessed: ‘I do not understand why chronological years are deducted from the multiplier’. Judges: Sir Mark Potter P, Hooper, Moses LJJ Citations: [2008] EWCA Civ 413, [2008] 4 All ER 699 Links: Bailii Statutes: Fatal Accidents Act 1976 Jurisdiction: England and Wales Citing: … Continue reading A Train and Sons Ltd v Fletcher: CA 24 Apr 2008
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
The claimant appealed against his damages award, saying that it should have allowed for the anticipated rises in the cost of providing his care in the future. Held: Rises in future costs were already factored into the tables used for settlements. Attempts to show that rises would be more substantial trended to undermine that system, … Continue reading Cooke, Sheppard, Page v United Bristol Health Care, Stibbe and Another, Lee: CA 16 Oct 2003
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 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
Lord Denning MR said: ‘In Jefford v Gee . . we said that, in personal injury cases, when a lump sum is awarded for pain and suffering and loss of amenities, interest should run ‘ from the date of service of the ‘writ to the date of trial’. At that time inflation did not stare … Continue reading Cookson v Knowles: CA 1977
The injured plaintiff succeeded in his action for damages for personal injury. The defendants appealed the quantum of damage but before the appeal was heard the plaintiff died. The court was now asked to reduce the award because of the death. Held: Damages for pain and suffering and loss of amenities should be limited to … Continue reading McCann v Sheppard: CA 1973
The rule that loss of earnings, in the years lost to an injured plaintiff whose life expectancy had been shortened, were not recoverable, was still good law.Pearce LJ summarised the authorities: ‘The Law Reform Miscellaneous Provisions Act 1934 abolished the old rule ‘actio personalis moritur cum persona’ and provided for the survival of causes of … Continue reading Oliver v Ashman: CA 1961
Damages under the Fatal Accidents Acts are calculated having regard to ‘a balance of gains and losses for the injury sustained by the death. An appellate court should be slow to interfere with a judge’s assessment of damages. Lord Wright said: ‘An appellate court is always reluctant to interfere with a finding of a trial … Continue reading Davies v Powell Duffryn Associated Collieries Limited: HL 1941
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
This appeal raises a question about the interpretation of article 16 of the Athens Convention relating to the Carriage of Passengers and their Luggage by Sea 1974 (‘the Athens Convention’) and its application to the Scots law of limitation of . .
