Taylor & Bartley v Prosol Facade Access Ltd & Ors

Taylor & Bartley v Prosol Facade Access Ltd & Ors

The court held that the appropriate multipliers for dependency are 21.7 for the partner and 13.05 for the child, based on the deceased's likely future earnings as a window cleaner and part-time taxi driver. 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 until the youngest child turns 14. No deduction is made for means-tested benefits currently received.

Parties
Claimant: Taylor and Bartley; Defendant: Prosol Façade Access Limited and Others
Jurisdiction
England and Wales
Judgment Date
28 January 2003
Procedural Posture
Civil / Judgment
Outcome
judgment for the claimant
Legal Topics
Dependency Claims, Assessment of Damages, Loss of Earnings, Widow's Earning Capacity, Childcare Costs
Tort Personal Injury Fatal Accidents Dependency Claims Assessment of Damages Loss of Earnings Widow's Earning Capacity Childcare Costs

Case Brief

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Parties

Taylor and Bartley

Claimant

Prosol Façade Access Limited and Others

Defendant

Procedural Posture

Civil / Judgment

Legal Issues

  1. 1 How should dependency damages be calculated for the deceased's partner and children?
  2. 2 Should the widow's earning capacity be taken into account in assessing dependency?
  3. 3 What is the appropriate multiplier for dependency?

Ratio Decidendi

The court held that the appropriate multipliers for dependency are 21.7 for the partner and 13.05 for the child, based on the deceased's likely future earnings as a window cleaner and part-time taxi driver. 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 until the youngest child turns 14. No deduction is made for means-tested benefits currently received.

Court Disposition

judgment for the claimant

Orders

  • Dependency damages to be assessed using a multiplier of 21.7 for the partner and 13.05 for the child.
  • Earnings figures for the widow to be £13,500 until trial, £14,000 thereafter, with deductions for childcare costs until the youngest child turns 14.