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You are here: BAILII >> Databases >> England and Wales High Court (Queen's Bench Division) Decisions >> Beesley v New Century Group Ltd [2008] EWHC 3033 (QB) (16 December 2008) URL: https://www.bailii.org/ew/cases/EWHC/QB/2008/3033.html Cite as: [2008] EWHC 3033 (QB) |
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QUEEN'S BENCH DIVISION
Strand, London, WC2A 2LL |
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B e f o r e :
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JANE ![]() ![]() |
Claimant |
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- and - |
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Defendant |
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Mr S. Beard (instructed by Everatt & Co.) for the Defendant
Hearing dates: 4/12/2008
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Crown Copyright ©
MR JUSTICE HAMBLEN:
Introduction
THE LAW REFORM (MISCELLANEOUS PROVISIONS) ACT 1934
General damages for pain, suffering and loss of amenity
Sundry expenses
Care and assistance
(i) The amount recoverable is such as will, "enable the voluntary carer to receive recompense for his or her services" Hunt -v- Severs [1994] 2 AC 350.
(ii) In the case of care provided by relatives an award should be made, "Only in recompense for care by the relative well beyond the ordinary call of duty for the special needs of the sufferer" Mills -v- British Rail Engineering Limited [1992] P.I.Q.R. Q130 at p Q137 - Dillon L.J.
(iii) There is no conventional formalised calculation which can be used in assessing proper recompense for services provided gratuitously by a family carer. The assessment must depend on what is appropriate in the individual case - Evans -v- Pontypridd Roofing Limited [2001] EWCA Civ 1657, [2002] P.I.Q.R. Q61.
(iv) Commercial rates should generally be discounted to reflect tax and national insurance contributions, which a gratuitous carer will not have to pay, Evans above at p Q73 (paragraph 37).
"Although in this ex tempore judgment Dillon LJ used the words "well beyond the ordinary call of duty" on p Q137, he used the milder phrase "beyond what [a wife] would anyhow be doing for her husband" at p Q138, and it is evident from the calculations…showed us that it was this second test which the Court of Appeal actually applied".
Pre-death loss of earnings
CLAIM UNDER THE FATAL ACCIDENTS ACT 1976
Loss of income dependency
The period and amount of income
(i) For how long Mr Lambie would have carried on working if he had not become ill?
(ii) Whether he would have carried on with the same level of work as before?
(iii) Whether and, if so, how the loss of income dependency is affected by the £3,000 per annum paid to MrsBeesley
.
(i) There had been a noticeable reduction in Mr Lambie's last year of earnings.
(ii) MrsBeesley
gave evidence that Mr Lambie wanted to try to take more Fridays off.
(iii) In the medical records Mr Lambie is described variously as "retired" or "semi-retired".
(iv) Mr Lambie's work was based in London although living in Lincolnshire. His willingness and ability to sustain a business away from home with substantial domestic commitments must be uncertain, especially if economic circumstances became difficult.
- Mr Lambie's net income: £9,985
- Additional family income derived from business: £3,000
- Joint income: £12,985
- Dependency ratio of 2/3rds £8,657
- Less value of Mrs
Beesley
's services to the business (£1,500): £7,157
The multiplier
Past loss of income
- Mr Lambie's net income: £8,987
- Additional family income derived from business: £3,000
- Joint income: £11,987
- Dependency ratio of 2/3rds £7,991
- Less value of Mrs
Beesley
's services to the business (£1,500): £6,491
Future loss of income dependency
- From the date of trial to the date when Mr Lambie would have reached 65 (when he would be entitled to draw his pensions);
- From Mr Lambie's 65th birthday to his 70th birthday (when he would have retired);
- From Mr Lambie's 70th birthday to Mrs
Beesley
's 63rd birthday (when she would be entitled to a state pension);
- The rest of the multiplier.
- Mr Lambie's net earned income: £7,988
- Mr Lambie's pension £5,163
- Additional family income derived from business: £3,000
- Joint income: £16,151
- Dependency ratio of 2/3rds £10,767
- Less Mrs
Beesley
's services (£1,500): £9,267
- Mr Lambie's annual income: £5,163
- Mrs
Beesley
's annual income: £3,373
- Joint income: £8,536
- Dependency ratio of two thirds: £5,691
- Less Mrs
Beesley
' s income (£3,373): £2,318
The total loss of future income dependency is therefore £70,953.
Past services dependency
Future services dependency
Loss of intangible benefits
"Awards of this kind have also been made to a widow or child for the loss of services provided by a deceased husband or father. There is no reason in principle why such awards should not be made where the services provided by a husband or father justify it on the facts. Such awards ought to be in proportion to the more conventional awards already noted for wives/mothers. This will mean that they will be lower in the average claim where the deceased husband/father was the family breadwinner".
Conclusion
LAW REFORM (MISCELLANEOUS PROVISIONS) ACT 1934 | |
1. General damages: | £72,000 |
2. Funeral expenses: | £1,790 |
3. Travel expenses: | £550 |
4. Cancelled holiday: | £3,682 |
5. Clothing: | £100 |
6. Miscellaneous expenses: | £2,027 |
7. Sundry expenses: | £750 |
8. Care and assistance: | £25,000 |
9. Loss of earnings: | £13,500 |
FATAL ACCIDENTS ACT 1976 | |
10. Bereavement: | £10,000 |
11. Past loss of income dependency: | £13,501 |
12. Future loss of income dependency: | £70,953 |
13. Past services dependency: | £7,000 |
14. Future services: | £20,000 |
15. Loss of intangible benefits: | £2,000 |
Total | £242,853 |