Cape Distribution Ltd v O’Loughlin CA

Decided 08 February 2001

Summary: Fatal accident, Dependency claims; loss of financial dependency, Fatal Accident Act, Personal Injury claims, Coroners Act, Inquest, verdict, fatal accident solicitors, personal injury, bereavement, loss of expectation of life, asbestos, mesothelioma.

The claimant widow claimed compensation through solicitors under the Fatal Accident Act due to the death of her husband, aged 50 years due to mesothelioma caused by asbestos exposure at work. The widow was awarded £284,652 including a claim on behalf of the two teenage sons of the marriage.

The solicitors for the defendant appealed the dependency award under the Fatal Accident Act as the dependents retained the full value of capital assets and rental income and was thus not dependent upon their late father.

The higher court dismissed the appeal by the defendant solicitors as the trial judge was right to consider the claimant’s solicitors submissions that the family had lost out on the husband’s financial flair and acumen

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