The respondent admitted liabilitybut contested the issue of quantum of damages. Deductions are made to reflect the savings made by not having to pay living expenses for himself in the lost years. Followed - Pickett -v- British Rail Engineering HL ([1980] AC 136, Bailii, [1978] UKHL 4) The claimant, suffering from mesothelioma, had claimed against his employers and won, but his claim for loss of earnings consequent upon his anticipated premature death was not allowed. much force in this, and no doubt the law could be changed in this way.But I think that the argument fails because it does not take account, as inan action for damages account must be taken, of the interest of the victim.Future earnings are of value to him in order that he may satisfy legitimatedesires, but these may not correspond with the allocation which the lawmakes of money recovered by dependants on account of his loss. . But is the main line of reasoning acceptable? Accordingly, the decision in Benham v. Gambling does not touch theissue now before this House. Associate Dean, sociologist, medical historian, and scholar of feminist science and technology studies. When the Fatal Accidents Acts 1846 to 1908 were passed, it is, in myview, difficult to believe that it could have occurred to Parliament that thecommon law could possibly be as stated, many years later, by the Courtof Appeal in Oliver v. Ashman [1962] 2 Q.B. (page 129)found it in " the general principle that damages are compensatory ". If money was wrongfully withheld, then . The logical and philosophical difficulties of compensatinga man for a loss arising after his death emerge only if one treats the lossas a non-pecuniary losswhich to some extent it is. I propose to do so first by considering the principles involved andthen the authorities. Rowland v Arnold and McKenna [1990] Bda LR 52. Upon the basis of the medical reports with which he wasprovided the trial judge found that at the date of trial Mr. Pickett'sexpectation of life was one year. Indeed, anything elsewould be inconsistent with the general rule which Lord Blackburn hasformulated in these words: -. Thus he says : " On one view of the matter there is no loss of earnings when a" man dies prematurely. The judge,inheriting the function of the jury, must make an assessment which in theparticular case he thinks fair: and, if his assessment be based on correctprinciple and a correct understanding of the facts, it is not to be challenged,unless it can be demonstrated to be wholly erroneous: Davies v. PowellDuffryn Associated Collieries Ltd. [1942] A.C. 601. Tel: 0795 457 9992, or email david@swarb.co.uk, Performing Right Society Limited v London Theatre of Varieties Limited: HL 1924, Admiralty Commissioners v Steamship Amerika (Owners), The Amerika, Phillips v London and South Western Railway, Williams v Mersey Docks and Harbour Board, Davies v Powell Duffryn Associated Collieries Limited, Independent Assessor v OBrien, Hickey, Hickey, OBrien and others v Independent Assessor, Reader and others v Molesworths Bright Clegg Solicitors, AA000772008 (Unreported): AIT 30 Jan 2009, AA071512008 (Unreported): AIT 23 Jan 2009, OA143672008 (Unreported): AIT 16 Apr 2009, IA160222008 (Unreported): AIT 19 Mar 2009, OA238162008 (Unreported): AIT 24 Feb 2009, OA146182008 (Unreported): AIT 21 Jan 2009, IA043412009 (Unreported): AIT 18 May 2009, IA062742008 (Unreported): AIT 25 Feb 2009, OA578572008 (Unreported): AIT 16 Jan 2009, IA114032008 (Unreported): AIT 19 May 2009, IA156022008 (Unreported): AIT 11 Dec 2008, IA087402008 (Unreported): AIT 12 Dec 2008, AA049472007 (Unreported): AIT 23 Apr 2009, IA107672007 (Unreported): AIT 25 Apr 2008, IA128362008 (Unreported): AIT 25 Nov 2008, IA047352008 (Unreported): AIT 19 Nov 2008, OA107472008 (Unreported): AIT 24 Nov 2008, VA419232007 (Unreported): AIT 13 Jun 2008, VA374952007 and VA375032007 and VA375012007 (Unreported): AIT 12 Mar 2008, IA184362007 (Unreported): AIT 19 Aug 2008, IA082582007 (Unreported): AIT 19 Mar 2008, IA079732008 (Unreported): AIT 12 Nov 2008, IA135202008 (Unreported): AIT 21 Oct 2008, AA044312008 (Unreported): AIT 29 Dec 2008, AA001492008 (Unreported): AIT 16 Oct 2008, AA026562008 (Unreported): AIT 19 Nov 2008, AA041232007 (Unreported): AIT 15 Dec 2008, IA023842006 (Unreported): AIT 12 Jun 2007, HX416262002 (Unreported): AIT 22 Jan 2008, IA086002006 (Unreported): AIT 28 Nov 2007, VA46401-2006 (Unreported): AIT 8 Oct 2007, AS037782004 (Unreported): AIT 14 Aug 2007, HX108922003 and Prom (Unreported): AIT 17 May 2007, IA048672006 (Unreported): AIT 14 May 2007. In Pickett v. British Rail Engineering Ltd . In 1974 he developed symptoms which proved to beof mesothelioma of the lung, of which he later died. Get 1 point on providing a valid sentiment to this In most cases of this kind, the plaintiff, whether or not he knows he islikely to die as a result of the defendant's negligence, will bring his case tocourt or settle it as soon as possible because he is in urgent need of thatpart of the damages to which he is entitled, so that he may support himselfand his family during his life. Administration of Justice Act 1969,amending section 3. He gave this matter most careful attention and the Court of Appealwere unable to find that he erred in principle in any way. Ashman; but again, according to the report of Benham v. Gambling that. I do not accept the suggestion that Parliament in enactingthe Fatal Accidents Acts must have assumed a live plaintiff's claim for the, It has, my Lords, correctly been remarked that though in the instant casethe plaintiff had dependants who (it was assumed) were barred from aFatal Accidents Act claim by the judgment, the question of the lost yearsmust be answered in the same way in a case of a plaintiff without dependants.But the solution proposed, involving as it does deduction from lost years'earnings of the plaintiff's living expenses, appears to me to attempt to splicetwo quite separate types of claim: a claim by dependants for dependencyand a claim by the plaintiff himself. I would allow the appeal on this point and remit the action to the Queen'sBench Division for damages to be assessed accordingly. . The important case of British Transport Commission v Gourlay [1956] AC 185, . .Cited OBrien and others v Independent Assessor HL 14-Mar-2007 The claimants had been wrongly imprisoned for a murder they did not commit. Cited Chaplin v Hicks CA 1911 A woman who was wrongly deprived of the chance of being one of the winners in a beauty competition was awarded damages for loss of a chance. . Cited Phillips v London and South Western Railway had said in the House ofLords in Benham v. Gambling [1941] AC 157; see for example, the judgmentof Holroyd Pearce L.J., in [1962] 2 Q.B. One cannot make a distinction, for the purposes of assessingdamages, between men in different family situations. p.240). " He ought not to gain still more by having interest from the date of" service of the writ. The principle relating to a lost years claim was referred to in the case of Pickett v British Rail Engineering [1980] AC 136 which confirmed that a Claimant can recovery the income that they would have received, . . Photo Illustration by Erin O'Flynn/The Daily Beast/Getty Images. The cases linked on your profile facilitate Casemine's artificial intelligence engine in recommending you to potential clients who might be interested in availing your services for similar matters. Skelton v. Collinshas been followed and applied recently by the High Court in Griffiths v.Kerkmayer [1977] 51 ALJR 792. Totham v King's College Hospital NHS Trust QBD. Mr. Pickett appealed but before the appeal could be heard he had died.His widow, as administratrix of his estate, obtained an order to carry onthe proceedings, and the appeal was heard in November 1977. Cunningham v HarrisonUNK [1973] 3 All ER 463 Kelland v Lamer 1987 Civil Jur. A full list of legal databases can be found by title and all databases available at Oxford can be found on Databases A . The fourth " objectionable consequence" does not seem to meobjectionable. .Applied Gammell v Wilson; Furness v Massey HL 1982 In each case, the deceased, died as a result of the defendants negligence. Pickett v British Rail Engineering 1980. if life expectancy is shortened by incident recover loss of future earnings for lost years. . Though to some the award of 7,000 may seem low, itis not so low as to support the inference that the judge's estimate was wholly. In the circumstances of your Lordships' decision I agree with the orderfor remission proposed and for costs. This was stated interms by the Lord Chancellor, who added (at p. 162) " . Benham v.Gambling) neither present nor future earnings could enter into the matter: inthe more difficult case of adolescents just embarking upon the process ofearning (c.f. If this assumption is correct, it provides a basis,in logic and justice, for allowing the victim to recover for earnings lost duringhis lost years. Birkett v Hayes [1982] 1 WLR 816 Cookson v Knowles [1979] AC 556. Danny Howard Duncan, Administrator of the Estate of Dean Anthony Duncan, deceased, on behalf of the Estate of Dean Anthony Duncan, deceased, and on behalf of Phyllis Duncan and Trevor Scott Duncan, and Phyllis Duncan, Trevor Scott Duncan, infant by his Next Friend, Danny Howard Duncan and Danny . This assumption is supported by strongauthority; see Read v. Great Eastern Railway Company (1868) L.R. The appellant was also awarded damages for the damage done to the . They . The next relevant case was Roach v. Yates [1938] 1 K.B. Calculated using professional texts such as Kemp and Kemp on Damages. . then examined Benham v. Gambling (ante) in detail,and concluded (p.230): " In my judgment, therefore, the matter is concluded in this court" by Benham v. Gambling, and the decision of Slade J. in Harris v." Brights Asphalt Contractors Ltd. was correct.". I think the proper way of approaching" the problem is that which was followed in Phillips v. London South" Western Railway Company, the leading case on this matternamely," first to consider what sum he (the plaintiff) would have been likely to" make during his normal life if he had not met with the accident.". We had not in mind continuing inflation and its effect on" awards. They also appealed differences from a . Catriona Stirling and William Latimer-Sayer QC look at some of the key areas of the law in relation to quantum of personal injury damages which they consider to be in need of reform 'If a head of loss is pecuniary in nature, it should be open to all . Weshould carry the judicial process of seeking a just principle as far as we can,confident that a wise legislator will correct resultant anomalies. The parents claimed damages for themselves as dependants under the 1976 Act, and for the estate under the 1934 Act. It is obvious now that that guide-line should be changed." However, not only is it possible at law to recover losses during a period when the claimant is no longer living (see e.g. Followed Skelton v Collins 7-Mar-1966 (High Court of Australia) Damages Personal Injuries Loss of earning capacity Loss of expectation of life Loss of amenities during reduced life span Pain and suffering Plaintiff rendered permanently unconscious by injuries Basis of . exposure, for which the respondent accepts liability, has resulted in thisperiod being shortened to one year. the law is not concerned with what a plaintiff does with the damages towhich he is entitled is of course sound: but it assumes entitlement to thedamages, which is the very question. The defendants then successfully appealed to yourLordships' House. in Wise v. Kaye [1962] 1 QB 638, at p.659 asauthority for the contrary proposition that " a dead man's estate . Damages are compensatory not punitive: so that it is no validargument that a wrongdoer should not benefit by inducing early death ratherthan a full lifetime of pain and suffering: that must happen anywaye.g. It follows that it would be grossly unjust to the plaintiff andhis dependants were the law to deprive him from recovering any damagesfor the loss of remuneration which the defendant's negligence has preventedhim from earning during the " lost years". Pickett v British Rail Engineering Ltd [1980] AC 136 - Referred By. Cited Benham v Gambling HL 1941 The injured person was a child of two and a half. And scholar of feminist science and technology studies he later died ] 1 WLR Cookson. Oxford can be found on databases a, sociologist, medical historian, and scholar of feminist and! Stated interms by the High Court in Griffiths v.Kerkmayer [ 1977 ] 51 ALJR 792 and technology.! 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