Knauer (Widower and Administrator of the Estate of Sally Ann Knauer) v Ministry of Justice

Описание: [2016] UKSC 9

UKSC 2014/0217
Knauer (Widower and Administrator of the Estate of Sally Ann Knauer) (Appellant) v Ministry of Justice (Respondent)
On appeal from the High Court, Queen’s Bench Division (England and Wales)

This appeal considered the appropriate date for the assessment of multipliers in claims for future loss under the Fatal Accidents Act 1976 - specifically whether the appropriate date is the date of death, or the date of trial. Between 1997 and 2007, Sally Knauer was employed as an administrator by Guy's Marsh Prison in Dorset. During this employment she was exposed to asbestos and was diagnosed with malignant mesothelioma in March 2009. She died on 28 August 2009 at the age of 46, leaving behind her widower (the appellant) and three sons aged 16, 20 and 22. The appellant brought a claim against the respondent seeking damages under various heads. The respondent admitted liability and, on 19 December 2013, Master Eastman gave judgment by consent for damages to be assessed. Before Bean J, the appellant argued, inter alia, that in determining the damages to be awarded for income and services dependency under the Fatal Accidents Act 1976, the multiplier for future loss should be assessed as at the date of trial rather than the date of death. This was rejected by Bean J who, nonetheless, gave permission to apply directly to the Supreme Court for permission to appeal on this issue.

The Supreme Court unanimously allows Mr Knauer’s appeal.