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Fatal Accidents Act

Damages — Multiplier for future loss — Claimant’s wife dying due to exposure to asbestos during employment — Claimant bring claim for loss of dependency — Employer admitting liability over four years later — Date from which multiplier for future loss to be calculated — Fatal Accidents Act 1976 (c 30), s 1 (as substituted by Administration of Justice Act 1982 (c 53), s 3)

8 March 2016

Judicial precedent — House of Lords decisions — How far binding — House of Lords decisions resulting in under-compensation in fatal accident cases — Whether justification to depart from decisions

Knauer v Ministry of Justice [2016] UKSC 9

SC: Lord Neuberger of Abbotsbury PSC, Baroness Hale of Richmond DPSC, Lord Mance , Lord Clarke of Stone-cum-Ebony , Lord Reed , Lord Toulson , Lord Hodge JJSC

The claimant, whose wife died in August 2009 from mesothelioma as a result of exposure to asbestos during the course of her employment by the defendant, sought damages from the defendant under section 1 of the Fatal Accidents Act 1976, as substituted, for, inter alia, future loss of dependency. The defendant eventually admitted liability and judgment was entered for the claimant in December 2013. The assessment of damages hearing took place in July 2014. Holding himself bound to do so by two Hous...

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