Denning v Stone [2025] EWHC 3517 (KB) (15 December 2025)

Denning v Stone [2025] EWHC 3517 (KB) (15 December 2025)

The court held that dependency under the Fatal Accidents Act 1976 is not limited to loss of profit or income but includes the pecuniary value of services provided by the deceased, even where the business was not profitable. The cost of substitute performance is an appropriate measure of the lost benefit where the deceased's work conferred a real, quantifiable benefit on the dependants. The claimant had a reasonable expectation that the deceased would continue to provide these benefits, and damages should be assessed accordingly.

Citation
[2025] EWHC 3517 (KB)
Parties
Claimant: Judith Denning (Executrix of Andrew Denning Deceased); Defendant: Clive Stone
Jurisdiction
England and Wales
Judgment Date
15 December 2025
Procedural Posture
Fatal Accident Dependency Claim / Judgment After Trial on Assessment of Damages
Outcome
Claim allowed in part; damages awarded for dependency assessed on the cost of substitute performance until the deceased's notional retirement at age 70, with adjustments for periods of dependency and other income streams.
Legal Topics
Assessment of Damages, Dependency Claims, Pecuniary Loss, Cost of Substitute Performance, Fatal Accidents Act 1976, Law Reform (miscellaneous Provisions) Act 1934
Tort Law Personal Injury Fatal Accidents Assessment of Damages Dependency Claims Pecuniary Loss Cost of Substitute Performance Fatal Accidents Act 1976 +1 more

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Parties

Judith Denning (Executrix of Andrew Denning Deceased)

Claimant

Clive Stone

Defendant

Procedural Posture

Fatal Accident Dependency Claim / Judgment After Trial on Assessment of Damages

Legal Issues

  1. 1 Whether the cost of substitute performance can be recovered as dependency where the deceased's work did not generate profit
  2. 2 How to quantify dependency in a family farming context with minimal profit
  3. 3 Whether the claimant had a reasonable expectation of continued benefit from the deceased's work

Ratio Decidendi

The court held that dependency under the Fatal Accidents Act 1976 is not limited to loss of profit or income but includes the pecuniary value of services provided by the deceased, even where the business was not profitable. The cost of substitute performance is an appropriate measure of the lost benefit where the deceased's work conferred a real, quantifiable benefit on the dependants. The claimant had a reasonable expectation that the deceased would continue to provide these benefits, and damages should be assessed accordingly.

Court Disposition

Claim allowed in part; damages awarded for dependency assessed on the cost of substitute performance until the deceased's notional retirement at age 70, with adjustments for periods of dependency and other income streams.

Orders

  • Damages to be assessed in accordance with the judgment's methodology, reflecting the cost of substitute performance for farm management until 2033, and for maintenance of B&B and rental properties for life.
  • Dependency calculations to apply conventional Harris v Empress Motors percentages for income and pension.