Diminished dependency right in successive tort cases

Table of contents

• Original news
• What were the unusual features of this case?
• What are the underlying principles when assessing the value of a dependency claim?
• How did the court approach the question of whether there is any reason of principle or policy which should deprive the appellant from recovering damages which represent the loss she has suffered as a result of the curtailment of her life by the negligent action of the defendant?
• What is the significance of this decision?
• What should PI lawyers take from this case?

Article summary

Personal Injury analysis: Nicola Maier, associate solicitor in the asbestos-related disease team at Irwin Mitchell’s London office, considers the recent decision in Haxton v Phillips Electronics and says there could be wider implications on successive tort cases where a claimant has dependency rights which would be diminished as a result of a defendant’s negligence.