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ATH AND ANOTHER (EXECUTORS OF THE ESTATE OF M, DECD) v S

26 July 2002

Claim for infants’ loss of dependency resulting from mother’s death: father stepmother and mother’s partner providing services to infants: whether benefit of voluntary services from others to be disregarded in assessing damages Appeal from Judge Hutton sitting as a judge of the Queen’s Bench Division Three young children were living with their divorced mother and her partner in his house when she was killed in a car accident. After the mother’s death, the children were cared for and looked after by their father, stepmother and their mother’s partner. In a dependency claim under the Fatal Accidents Act 1976 the judge awarded a substantial sum representing the value and benefit of the services provided for the children by the three carers. The defendant appealed. KENNEDY LJ said that where, as here, infant children had been living with and dependant on one parent, with no support being provided by the other parent, in circumstances where the provis...

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