Abdullah & Ors v Yusuf

Abdullah & Ors v Yusuf

The defendant's defence is struck out for failure to comply with court orders. The claimants are entitled to bereavement damages of £10,000 under the Fatal Accidents Act 1976. There is insufficient evidence for loss of dependency, and aggravated/exemplary damages are not available. Costs are summarily assessed at £20,000, less £5,000 already paid.

Parties
Claimant: Zahra Abdullah and four children; Defendant: Abdullahi Yusuf
Jurisdiction
England and Wales
Judgment Date
14 March 2005
Procedural Posture
Civil / Judgment After Default and Assessment of Damages
Outcome
judgment for claimants
Legal Topics
Bereavement Damages, Loss of Dependency, Aggravated Damages, Exemplary Damages, Costs

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Parties

Zahra Abdullah and four children

Claimant

Abdullahi Yusuf

Defendant

Procedural Posture

Civil / Judgment After Default and Assessment of Damages

  1. 1 Whether the defendant is liable for the death of Ahmed Mahmood under the Fatal Accidents Act 1976
  2. 2 Whether the claimants are entitled to bereavement damages, loss of dependency, aggravated or exemplary damages
  3. 3 Assessment of costs

Ratio Decidendi

The defendant's defence is struck out for failure to comply with court orders. The claimants are entitled to bereavement damages of £10,000 under the Fatal Accidents Act 1976. There is insufficient evidence for loss of dependency, and aggravated/exemplary damages are not available. Costs are summarily assessed at £20,000, less £5,000 already paid.

Court Disposition

judgment for claimants

Orders

  • Defence struck out
  • Judgment for claimants for bereavement damages of £10,000