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 nanny whom the father had engaged as compared with that which he would have received from his mother had she survived.
Held: The court rejected the submission. Megaw J referred to the ‘irrecoverability of compensation for the father’s loss of the companionship of his wife’ and, said that there was no distinction in principle in relation to the child, and no damages should be awarded in respect of any element of the child receiving less care than he would have done had his mother survived.
Judges:
Megaw J
Citations:
[1964] 108 SJ 219
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.519668