Source: All England Reporter
Publisher Citation: [2001] All ER (D) 264 (Jul)
Court: Queen's Bench Division
Judge:

Stuart Brown QC sitting as a deputy judge of the High Court

Representation Pauline Hendy (instructed by Thompsons, Ilford) for the claimant.
  Aidan Christie (instructed by Norwich Union Legal Department) for the defendant.
Judgment Dates: 19 July 2001

Catchwords

Fatal accident - Damages - Benefits excluded in assessing damages - Claimant's mother killed in car accident - Claimant going to live with father - Father previously having no legal responsibility for claimant - Whether benefits provided by father to be disregarded for purposes of assessing damages for death of mother - s 4.

The Case

Benefits conferred upon the claimant by his father were to be disregarded for the purpose of assessing damages for the death of the claimant's mother under the as the father had had no legal responsibility for the claimant prior to the mother's death and the responsibility he now had was a result of the death.

Practice Areas

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