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 support accrued as a result of the accident and was to be disregarded under the section. However the trust under which any damages were paid would be unlikely to be enforced, that is the father would not ask for payment for the services, and following Hunt, if the terms of the trust seemed unlikely to be fulfilled then the court awarding damages should take steps to avoid the outcome.
Judges:
Lord Justice Kennedy, Lord Justice Tuckey and Mr Justice Jackson
Citations:
Times 03-Jul-2002, Gazette 08-Aug-2002, [2002] EWCA Civ 792, [2002] 3 WLR 1179, [2003] QB 965
Links:
Statutes:
Jurisdiction:
England and Wales
Citing:
Cited – Hunt v Severs CA 13-May-1993
The plaintiff was injured by the negligence of the defendant. The defendant provided gratuitous nursing care and other assistance to the plaintiff. They married each other.
Held: Where the Plaintiff was voluntarily cared for by the Tortfeasor, . .
Disapproved – Bordin v St Mary’s NHS Trust QBD 2000
The claimant’s mother had died as a result of the negligence of the respondent.
Held: The calculation of past and future dependancy should refer to the care whether paid or unpaid actually provide or expected to be provided by the deceased. . .
Cited by:
Cited – Knauer v Ministry of Justice SC 24-Feb-2016
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 . .
Lists of cited by and citing cases may be incomplete.
Personal Injury, Damages
Updated: 06 June 2022; Ref: scu.172267