PI Brief Update

Damages for Loss of Fatal Accident Act Damages When Life Expectancy Is Reduced: Haxton -v- Phillips Considered - Gordon Exall, Zenith Chambers

24/04/14. HAXTON V PHILIPS ELECTRONICS UK LIMITED [2014] EWCA Civ 4.  What can a claimant do if your claim under the Fatal Accidents Act is reduced because, as a result of the defendant’s negligence, their own life expectancy is lowered and the claim under the Fatal Accidents Act is therefore reduced? The answer lies in Haxton –v- Philps Electronics [2014] EWCA Civ 4 bring an action for personal injury to make up the difference

THE FACTS

Both Mr and Mrs Haxton developed mesothelioma after been exposed to asbestos. Mr Haxton was exposed through his employment with the Defendant; his wife was exposed whilst washing his work clothes.

THE CLAIM BROUGHT BY MRS HAXTON

Mr Haxton died in 2009 after developing mesothelioma symptoms in 2008. Mrs Haxton’s first claim was brought a fatal accident claim under the Law Reform (Miscellaneous provisions) Act 1934 and under the Fatal Accidents Act 1976. The second claim was a claim for negligence in relation to the injuries and reduced life expectancy she now suffered.

THE ISSUE FOR THE COURT

Mrs Haxton’s case was that but for the defendant’s negligence, her life would not have been cut short and the assessment of her dependency claim in the first action would have been significantly greater. The Defendant should therefore compensate her for that loss. The issue for the court was whether this was...

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