The injured person was a child of two and a half. He was unconscious from the moment of the accident until his death, which occurred later on the same day. He had acquired at the time of injury a cause of action for loss of expectation of life.
Held: The Court limited the damages to 200 pounds. Only small damages should be allowed for the loss of expectation of life.
Viscount Simon LC said that a reasonable figure had to be fixed as damages for ‘the loss of a measure of prospective happiness’ and ‘It would be fallacious to assume, for this purpose, that all human life is continuously an enjoyable thing . . ‘ also: ‘The truth, of course, is that in putting a money value on the prospective balance of happiness in years that the deceased might otherwise have lived, the jury or judge of fact is attempting to equate incommensurables. Damages which would be proper for a disabling injury may well be much greater than for deprivation of life. These considerations lead me to the conclusion that in assessing damages under this head, whether in the case of a child or an adult, very moderate figures should be chosen . . I trust that the views of this House, expressed in dealing with the present appeal, may help to set a lower standard of measurement than has hitherto prevailed for what is in fact incapable of being measured in coin of the realm with any approach to real accuracy.’
and: ‘Of course, no regard must be had to financial losses or gains during the period of which the victim has been deprived. The damages are in respect of loss of life, not loss of future pecuniary prospects.’ and: ‘These considerations lead me to the conclusion that in assessing damages under this head, whether in the case of a child or an adult, very moderate figures should be chosen.’
Lord Devlin, Viscount Simon LC
[1941] 1 All ER 7, [1941] AC 157
England and Wales
Citing:
Cited – Roxe v Ford HL 1937
A plaintiff is entitled to damages for the tortious shortening of his expectation of life whether or not he knew that this expectation had been curtailed. . .
Cited – Reid v Lanarkshire Traction Co SCS 1934
(Inner House) The shortening of life was accepted as a head of damage: ‘while the doctrine of an award in respect of the shortening of life may have originated in the theory of mental disquiet about the prospect or the possibility of death . . . . .
Cited by:
Cited – 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 . .
Cited – Shephard v H West and Son Ltd HL 27-May-1963
The House looked at how personal injury damages shoud be set in cases of severe injury.
Lord Pearce said: ‘[i]f a plaintiff has lost a leg, the court approaches the matter on the basis that he has suffered a serious physical deprivation no . .
Lists of cited by and citing cases may be incomplete.
Damages
Leading Case
Updated: 01 November 2021; Ref: scu.653960
