Taylor & Bartley v Prosol Facade Access Ltd & Ors [2003] EWHC 310 (TCC) (28 January 2003)

Taylor & Bartley v Prosol Facade Access Ltd & Ors [2003] EWHC 310 (TCC) (28 January 2003)

The appropriate multipliers for dependency are those contended for by the claimant, based on the deceased's likely career progression and realistic earning prospects, including part-time taxi driving. The widow's earning capacity is to be taken into account only to the extent that evidence shows she would have...

Source-derived case information.

Citation
[2003] EWHC 310 (TCC)
Parties
Claimant: Taylor and Bartley (Administrators of the estate of Peter Docking, deceased); Defendant: Prosol Façade Access Limited and Others
Jurisdiction
England and Wales
Judgment Date
28 January 2003
Procedural Posture
Fatal Accident Dependency Claim / Judgment After Trial on Quantum
Outcome
Judgment for the claimant on quantum; damages to be assessed as per findings.
Legal Topics
Assessment of Dependency Damages, Earning Capacity of Widow, Multiplier for Dependency, Loss of Services, Childcare Costs, Tax Credits in Dependency Claims
Tort Personal Injury Fatal Accidents Assessment of Dependency Damages Earning Capacity of Widow Multiplier for Dependency Loss of Services Childcare Costs +1 more

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Summary, issues, holding and outcome

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Parties

Taylor and Bartley (Administrators of the estate of Peter Docking, deceased)

Claimant

Prosol Façade Access Limited and Others

Defendant

Procedural Posture

Fatal Accident Dependency Claim / Judgment After Trial on Quantum

Legal Issues

  1. 1 Appropriate multiplier for dependency damages
  2. 2 Whether widow's earning capacity should reduce dependency
  3. 3 Assessment of future earnings of deceased

Ratio Decidendi

The appropriate multipliers for dependency are those contended for by the claimant, based on the deceased's likely career progression and realistic earning prospects, including part-time taxi driving. The widow's earning capacity is to be taken into account only to the extent that evidence shows she would have worked had the deceased lived, with deductions for childcare costs as would have occurred. State benefits are not to be deducted from damages.

Court Disposition

Judgment for the claimant on quantum; damages to be assessed as per findings.

Orders

  • Defendants to pay damages for dependency as calculated, including loss of services and childcare costs, with appropriate multipliers and deductions as set out in the judgment.
  • No deduction for state benefits received by the widow.