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 were notoriously dependent upon the particular facts of the case. Here the judge had correctly looked at the cost of buying in professional services to replace those of the deceased and otherwise.
Judges:
Lord Justice Schiemann, Lord Justice Judge, And Lord Justice Latham
Citations:
[2001] EWCA Civ 178
Links:
Statutes:
Fatal Accidents Act 1976 3(1), Law Reform (Miscellaneous Provisions) Act 1934
Jurisdiction:
England and Wales
Citing:
Cited – Wood v Bentall Simplex Ltd CA 1992
No aspect of the law of damages has been found in practice to be more dependent on the facts of each particular case than the assessment of loss of pecuniary benefit to dependants under the Fatal Accidents Act . .
Lists of cited by and citing cases may be incomplete.
Personal Injury, Damages
Updated: 23 May 2022; Ref: scu.135583
