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. What would be the cost of replacing the mother’s care. Authority suggested the cost of employing a nanny even if one had not in fact been employed, but the court must be careful not to over compensate. Travel costs either for a nanny or for travel to and from the nanny were properly included if reasonable.
Judges:
Crane J
Citations:
[2000] Lloyd’s Rep Med 287)
Statutes:
Jurisdiction:
England and Wales
Citing:
Considered – Hay v Hughes CA 17-Oct-1974
A couple had died in a road accident. The court considered the award of damages for dependency. . .
Cited – Spittle v Bunney CA 1988
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 . .
Considered – Stanley v Saddique 1991
. .
Cited by:
Disapproved – ATH and another (Executors of the Estate of M, decd) v MS CA 11-Jun-2002
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 . .
Lists of cited by and citing cases may be incomplete.
Damages
Updated: 28 April 2022; Ref: scu.180977