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 which will be sustained in the future. This involves making two estimates, videlicet, (1) what benefits in money or money’s worth arising out of the relationship would have accrued to the person for whom the action is brought from the deceased if the deceased had survived but has been lost by reason of his death; and (2) what benefit in money or money’s worth (subject to certain statutory exceptions) the person for whom the action is brought will derive from the death of the deceased which would not have been enjoyed had the deceased lived. The difference between these two estimates is the measure of damages recoverable under the Fatal Accidents Acts, 1846 to 1959’.
Judges:
Lord Diplock
Citations:
[1964] 1 QB 349
Statutes:
Jurisdiction:
England and Wales
Cited by:
Cited – Hay v Hughes CA 17-Oct-1974
A couple had died in a road accident. The court considered the award of damages for dependency. . .
Lists of cited by and citing cases may be incomplete.
Damages
Updated: 08 May 2022; Ref: scu.519667
