A couple had died in a road accident. The court considered the award of damages for dependency.
Judges:
Edmund-Davies L, Stephenson, Buckley, Ormrod LJJ
Citations:
[1975] QB 790, [1974] EWCA Civ 9
Links:
Statutes:
Law Reform (Miscellaneous Provisions) Act 1934, Fatal Accidents Act 1846, Fatal Accidents Act 1959
Jurisdiction:
England and Wales
Citing:
Cited – George Franklin, Administrator Of Thomas Franklin, Deceased v The South Eastern Railway Company 7-May-1858
In an action on the 9 and 10 Vict c. 93, for injury resulting from death, the damages should be calculated in reference to a reasonable expectation of pecuniary benefit, its of right or otherwise, from the continuance of the life. In an action by a . .
Cited – Davies v Powell Duffryn Associated Collieries Limited HL 1941
Damages under the Fatal Accidents Acts are calculated having regard to ‘a balance of gains and losses for the injury sustained by the death.
An appellate court should be slow to interfere with a judge’s assessment of damages. Lord Wright . .
Cited – Burgess v Florence Nightingale Hospital 1955
Damages under the Fatal Accidents Acts should be awarded ‘for what the child lost by the wife’s death, both in respect of the school fees and of what she might have done for the child’. . .
Cited – Pevec v Brown 1964
A widower claimed on behalf for himself and for his infant son damages for his wife’s death. He said that compensation should be awarded for loss, not of a mother’s love, but for the disadvantage of the care which the child would receive from the . .
Cited – Malvon v Flummer 1964
The court considered the award of damages under the Fatal Accidents Acts, and the award of proportionate damages for the loss of a deceased mother’s service.
Held: Lord Diplock said: ‘The pecuniary loss which the Court has to assess is a loss . .
Cited by:
Considered – 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. . .
Lists of cited by and citing cases may be incomplete.
Damages
Updated: 31 July 2022; Ref: scu.181007