AB v KL [2019] EWHC 611 (QB) (15 March 2019)

Damages for dependency and estate claims must reflect both proven past support and reasonable likelihood of future support, scaled for uncertainty; speculative claims for future contributions are allowed if not fanciful, but reduced to reflect probability and circumstances.

Citation: [2019] EWHC 611
Parties: Claimant: AB (Personal Representative of the late GH); Defendant: KL
Jurisdiction: England and Wales
Judgment Date: 15 March 2019
Procedural Posture: Fatal Accident/personal Injury / Quantum Assessment After Liability Admitted
Outcome: Damages awarded for estate and dependency claims; speculative claims for future contributions allowed in reduced amounts; no award for counselling costs.
Legal Topics: Dependency Claims, Assessment of Damages, Loss of Services, Loss of Financial Support, Funeral Expenses, Pain and Suffering

Tort Personal Injury Fatal Accidents Dependency Claims Assessment of Damages Loss of Services Loss of Financial Support Funeral Expenses +1 more

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Full judgment text Downloadable case file Legal principles 4 Authorities cited 11 Party arguments 2 Amounts and remedies 8

Parties

AB (Personal Representative of the late GH)

Claimant

Defendant

Procedural Posture

Fatal Accident/personal Injury / Quantum Assessment After Liability Admitted

Legal Issues

1 Assessment of quantum for dependency and estate claims under Fatal Accidents Act 1976 and Law Reform (Miscellaneous Provisions) Act 1934
2 Appropriate damages for pain and suffering
3 Valuation of financial and services dependency

Ratio Decidendi

Court Disposition

Damages awarded for estate and dependency claims; speculative claims for future contributions allowed in reduced amounts; no award for counselling costs.

Orders

General damages for pain and suffering: £1,400.00
Special damages and subrogated claim: £1,000.00