Article summary
PI & Clinical Negligence analysis: The claim concerns Mr Witham who died at the age of 55 from mesothelioma leaving behind his spouse, the claimant and his two foster children. Mr Witham was the primary carer for the children and due to his premature death, the claimant was forced to give up her job to care for the children. Fundamental to the dispute between the parties was the width and breadth of the Fatal Accidents Act 1976 (FAA 1976) and how the claimant’s dependency should be calculated if it fell within the scope of FAA 1976. The Court of Appeal confirmed there was a dependency claim, assessed on the basis of replacement care services Mr Witham would have provided but for his death. This was valued at a commercial care rate with no discount applied. In an unforeseen turn of events, the foster...
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