The plaintiff made a claim in damages for the loss of her mother’s services.
Held: In assessing a FAA claim on behalf of a child a judge, directing himself as he would a jury, was, in valuing the mothers services to take into account the change in nature of a mother’s services as the child grew older and that while the yardstick of a nanny’s wage could be used in respect of the early years of a child’s life it became less appropriate as the child got older: ‘The judge adopted the ‘nanny’ formula. Figures were provided of the wage which a commercially hired nanny could have expected to receive ‘net in-hand’ each week. By ‘net in-hand’ was meant the sum actually receivable by the nanny after she had paid her tax and NI contributions. — The judge did not accede to a submission made on behalf of the plaintiffs that the ‘net in-hand’ figure was too low and the cost of the nanny should in effect be doubled by charging her gross wages and NI contribution and something for her food. In this he must have been right, because there never was going to be a nanny and such items of expenditure will never have been incurred by anybody at all.’
Judges:
Croom-Johnston LJ
Citations:
[1988] 1 WLR 847, [1988] 3 All ER 1031, [1988] EWCA Civ 16, [1988] 1 WLR 847
Links:
Statutes:
Fatal Accidents Act 1846 2, Law Reform (Miscellaneous Previsions) Act 1934
Jurisdiction:
England and Wales
Citing:
Cited – Jefford v Gee CA 4-Mar-1970
The courts of Scotland followed the civil law in the award of interest on damages. The court gave examples of the way in which they apply the ex mora rule when calculating the interest payable in a judgment. If money was wrongfully withheld, then . .
Cited – Birkitt v Hayes 1982
Where a case takes a long time to come on for trial because there has been unjustifiable delay by the plaintiff, he has been kept out of his money by his own default for part of the period. It is a ‘special reason’ for not giving some of the . .
Cited by:
Cited – 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. . .
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 . .
Lists of cited by and citing cases may be incomplete.
Personal Injury, Damages
Updated: 01 June 2022; Ref: scu.200639
