Thomas v Kwik Save Stores Ltd CA

Decided: 08 June 2000

The claimant claimed compensation through solicitors under the Fatal Accident Act following the death of his wife who had been ill prior to the accident. She did however help in the garden and did some cooking and cleaning. The claimant’s solicitors were successful and obtain the £5,000 pain and suffering and £50,000 under the Fatal Accident Act.

On appeal against the award the Defendant’s solicitors successfully argued that the awards were over-valued as the trial judge did not take into account the extent of the deceased illness prior to death. The award of £50,000 was reduced to £20,000 and £5,000 reduced to £2500 on the basis that the deceased had only suffered for a period of three weeks.

Posted: July 23, 2008 at 9:28 am