A woman’s negligence caused a fatal road traffic accident in which one of her daughter’s was killed. The deceased child’s father claimed damages for a bereavement award and argued that he should receive the full statutory sum of £3,500 since he had sued solely on his own behalf.
The Mother was the tortfeasor (to blame for the fatal accident claim) and it was contrary to public policy that she should benefit from the award. Had she not been to blame for the fatal car accident claim she would have been able to claim. The judge argued that the Father was only entitled to half of the award as his claim has to be constructed as being for the benefit of both himself and his wife, the person that caused the fatal accident.