PI Brief Update

Example of a Fatal Award at Trial: Brown –v- Hamid Considered: Claims for Loss of Consortium - Gordon Exall, Zenith Chambers

02/06/14. Relatively few fatal cases get to trial. Even fewer involve a consideration by the court of the damages to be awarded under the Fatal Accident Act. The recent decision in Brown –v- Hamid [2013] EWHC 4067 (QB) provides an interesting example of how the courts approach the issue of dependency.

BROWN –V- HAMID – THE FACTS

Brown was a clinical negligence case where Mr Brown died as a result of a failure to prescribe Warfarin. The failure was found to have accelerated Mr Brown’s pre-existing symptoms and death. The judge found that the period of acceleration was around 12 months.

INDIVIDUAL HEADS OF DAMAGE

The case is an example of the judge considering various heads of damage.

Knowledge of reduction of life & damages for pain and suffering

The specific head of knowledge for loss of expectation of life has been abolished. However the court is entitled to take into account, when assessing damages for pain and suffering, the deceased’s knowledge that his expectation of life had been reduced. This was considered by the judge.

“38. As to the assessment of general damages for pain, suffering and loss of amenities, although during this period of about 12 months Mr Brown would in any event have been suffering from some relatively mild symptoms associated with his pre-existing condition, he would not have suffered from the more severe symptoms which he went on to develop. This contrast includes the symptoms of breathlessness which allowed him to walk long distances on the flat, as opposed to those symptoms which prevented him from walking more than 50 yards. In addition, although damages for loss of expectation of life are not recoverable in this case, in assessing damages in respect of pain and suffering, the court is entitled to take into account any suffering likely to have been caused to Mr Brown by his awareness that his expectation of life had been reduced (s.1(1)(b) of the Administration of Justice Act 1982). In this regard I am of course mindful that this action was commenced by Mr Brown when he was... 

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