0370 270 6000

already registered?

Please sign in with your existing account details.

need to register?

Register to access exclusive content, sign up to receive our updates and personalise your experience on brownejacobson.com.

Privacy statement - Terms and conditions

Bordin v St Mary's NHS Trust

15 September 2000
The issues

Fatal accident – calculation of past and future dependency – how a deceased mother’s services should be valued.

The facts

The Claimant’s wife died from injuries sustained in the process of the treatment during labour at the Hospital. In the course of the treatment a child was born. Judgment was entered in favour of the Claimant once proceedings were issued. The Claimant failed to attend and the child was joined as a second Claimant in order to preserve his rights. At the reconvened Assessment Hearing the Claimant failed to attend and the Claimant’s case was dismissed but the dismissal postponed until after the assessment of the second Claimant’s loss.

The straightforward issue was as follows:-

It was contended on behalf of the second Claimant, the infant, the appropriate measure for past and future care should be based upon the actual care since the death of the mother both paid and unpaid. The Defendant argued the proper basis for calculating past and future dependency was the care the mother would have in fact provided.

The decision

The correct basis was to have regard to the care actually provided. Stanley -v- Saddique followed. There was clear authority for allowing the expenses incurred through the employment of a Nanny even when one had not in fact been employed. It followed that there was even stronger reason for compensating for the expense when one actually been employed – this included the payment of a Nanny’s travelling expenditure.

focus on...

Legal updates

Non-payment of insurance premiums during the Coronavirus pandemic

The forced closure of many businesses as a result of the Coronavirus pandemic has had a huge impact on the nation’s Gross Domestic Product (GDP). Recent reports from the Office for National Statistics state that the economy was 25% smaller in April than it was in February this year.


Legal updates

Reinstatement for property damage losses – when does it apply?

The Court of Appeal has recently considered the correct test for measuring the indemnity for property damage losses and has provided useful guidance on whether an insured needs to intend to reinstate the property to its pre-loss condition.


Legal updates

Coronavirus (COVID-19) insurance considerations

With instances of COVID-19 rapidly increasing throughout the UK, many businesses are considering the options available to limit staff and customer exposure to Coronavirus.


Legal updates

Insurance annual review 2019-2020

Welcome to our review of 2019 as we look ahead to what is on the horizon for the insurance sector in 2020.


The content on this page is provided for the purposes of general interest and information. It contains only brief summaries of aspects of the subject matter and does not provide comprehensive statements of the law. It does not constitute legal advice and does not provide a substitute for it.

mailing list sign up

Select which mailings you would like to receive from us.

Sign up