The Claimant was a child who would have been dependant on his deceased young mother only until adulthood. When the trial took place the infant Plaintiff was 11.5 with a dependency until the age of 18. As the multiplier calculated as at the date of death was 12 there was only one half of a year left for the future dependency.
Held: The Court was bound by the date of death calculation rule even though the multiplier was effected primarily by the Claimant’s needs. ‘The power to deprive a tardy litigant of interest when he is guilty of unjustifiable delay is an essential discipline.’
The court was asked as to the quantification of damages for a child after the death of his mother in giving birth to him.
Judges:
Farquharson LJ, Lord Justice Ralph Gibson
Citations:
[1991] 2 QB 408, [1990] EWCA Civ 15
Links:
Statutes:
Jurisdiction:
England and Wales
Cited by:
Cited – Eagle (By Her Litigation Friend) v Chambers CA 29-Jul-2004
The claimant had been severely injured, and a substantial damages award made. Cross appeals were heard as to the several elements awarded. The claimant sought as part of her award of damages for personal injuries the fees she would have to pay to . .
Cited – Coulson v Newsgroup Newspapers Ltd QBD 21-Dec-2011
The claimant had been employed by the defendant as editor of a newspaper. On leaving they entered into an agreement which the claimant said required the defendant to pay his legal costs in any action arising regarding his editorship. The defendant . .
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: 11 June 2022; Ref: scu.200641