Fleet v Fleet [2009] EWHC 3166 (QB) (04 December 2009)

Fleet v Fleet [2009] EWHC 3166 (QB) (04 December 2009)

The court assessed general damages for pain and suffering at £77,500, based on the severe and exceptional suffering endured by the deceased. Past lost earnings were calculated using an average of £27,750 per annum, with future lost earnings dependency multiplicand set at £32,000 per annum, reflecting the deceased's work history and potential. The discount to the dependency multiplier was limited to 10% due to the deceased's stable employment and motivation. A 25% deduction was applied to care costs, and £2,500 was awarded for special care. Services dependency was set at £1,500 per annum.

Citation
[2009] EWHC 3166 (QB)
Parties
Claimant: June Fleet (Widow and Executrix of the Estate of Michael Fleet Deceased); Defendant: Roy Fleet
Jurisdiction
England and Wales
Judgment Date
04 December 2009
Procedural Posture
Assessment of Damages (personal Injury/fatal Accident) / Judgment After Hearing on Quantum
Outcome
Damages assessed; findings intended to resolve the claim or guide further agreement. Any unresolved issues to be referred back to the Senior Master.
Legal Topics
Assessment of Damages, Mesothelioma, Pain and Suffering, Loss of Earnings, Dependency Claims, Care Costs, Services Dependency
Tort Law Personal Injury Fatal Accidents Assessment of Damages Mesothelioma Pain and Suffering Loss of Earnings Dependency Claims +2 more

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Parties

June Fleet (Widow and Executrix of the Estate of Michael Fleet Deceased)

Claimant

Roy Fleet

Defendant

Procedural Posture

Assessment of Damages (personal Injury/fatal Accident) / Judgment After Hearing on Quantum

Legal Issues

  1. 1 Appropriate quantum for pain, suffering and loss of amenity in mesothelioma death
  2. 2 Calculation of past and future lost earnings
  3. 3 Appropriate discount to actuarial multiplier for dependency

Ratio Decidendi

The court assessed general damages for pain and suffering at £77,500, based on the severe and exceptional suffering endured by the deceased. Past lost earnings were calculated using an average of £27,750 per annum, with future lost earnings dependency multiplicand set at £32,000 per annum, reflecting the deceased's work history and potential. The discount to the dependency multiplier was limited to 10% due to the deceased's stable employment and motivation. A 25% deduction was applied to care costs, and £2,500 was awarded for special care. Services dependency was set at £1,500 per annum.

Court Disposition

Damages assessed; findings intended to resolve the claim or guide further agreement. Any unresolved issues to be referred back to the Senior Master.

Orders

  • General damages for pain, suffering and loss of amenity assessed at £77,500.
  • Past lost earnings to be calculated on an average of £27,750 per annum (less tax and NI).