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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.

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