Damages—Assessment of damages—Fatal accidents

Court of Appeal, Civil Division, Elias, Beatson LJJ and Dame Janet Smith, 22 Jan 2014

There is no reason of principle or policy which should deprive a claimant from recovering damages representing the loss she has suffered as a result of the curtailment of her life by the negligent action of the defendant, where she has brought other proceedings against the defendant and the damages in those proceedings were lower because of her life expectancy being reduced by the defendant’s negligence.

Robert Weir QC and Harry Steinberg (instructed by Irwin Mitchell LLP) for the claimant. Catherine Foster (instructed by Wragge & Co LLP) for the defendant.

The claimant and her husband both developed mesothelioma as a result of the husband’s exposure to asbestos dust during the course of his employment with the defendant company. The husband developed symptoms in 2008 and died the following year. The claimant issued