Chouza v Martins & Ors [2021] EWHC 1669 (QB) (22 June 2021)

Chouza v Martins & Ors [2021] EWHC 1669 (QB) (22 June 2021)

The deceased would have wound up his business in 2018, worked for Andeona as an employee at €250/day net for 270 days/year, retired at age 67, qualified for maximum Spanish pension, dependency ratios set at 90% pre-retirement and 75% post-retirement, pain and suffering award limited to £500, adult children's dependency claims not recoverable, increased liabilities and court resolution costs not recoverable, quantification of DIY, maintenance, land and garden dependency based on evidence, loss of intangible benefits recoverable for claimant and youngest child only.

Citation
[2021] EWHC 1669
Parties
Claimant: Ana Belen Cacheda Chouza (Personal Representative of Mr Albino Otero Rodriguez, Deceased); Defendant: Artur Mendonca Lopes Martins; Defendant: Transport Eduardo Cardoso LDA; Defendant: Acoreana Seguros S. A.
Jurisdiction
England and Wales
Judgment Date
22 June 2021
Procedural Posture
Fatal Accident and Dependency Claim / Final Judgment After Trial
Outcome
Claim allowed in part; damages awarded as quantified below.
Legal Topics
Quantification of Dependency, Pain and Suffering, Bereavement Damages, Disclosure Obligations, Pension Entitlement, Dependency Ratios
Tort Personal Injury Fatal Accidents Civil Procedure Quantification of Dependency Pain and Suffering Bereavement Damages Disclosure Obligations +2 more

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Parties

Ana Belen Cacheda Chouza (Personal Representative of Mr Albino Otero Rodriguez, Deceased)

Claimant

Artur Mendonca Lopes Martins

Defendant

Transport Eduardo Cardoso LDA

Defendant

Acoreana Seguros S. A.

Defendant

Procedural Posture

Fatal Accident and Dependency Claim / Final Judgment After Trial

Legal Issues

  1. 1 Whether award for pain, suffering and loss of amenity should be made
  2. 2 Whether deceased would have wound up business in 2018
  3. 3 Whether deceased would have worked for Andeona post-2018

Ratio Decidendi

The deceased would have wound up his business in 2018, worked for Andeona as an employee at €250/day net for 270 days/year, retired at age 67, qualified for maximum Spanish pension, dependency ratios set at 90% pre-retirement and 75% post-retirement, pain and suffering award limited to £500, adult children's dependency claims not recoverable, increased liabilities and court resolution costs not recoverable, quantification of DIY, maintenance, land and garden dependency based on evidence, loss of intangible benefits recoverable for claimant and youngest child only.

Court Disposition

Claim allowed in part; damages awarded as quantified below.

Orders

  • Pain, suffering and loss of amenity: £500 plus £30 interest
  • Bereavement: £12,980