Rix v Paramount Shopfitting Co Ltd

Subject Matter

FATAL ACCIDENTS ACTS — Damages — Widow’s dependency — Deceased building up family business — Claimant wife of deceased receiving salary as director of business and dividends as shareholder but not working in business — Deceased dying from mesothelioma caused by exposure to asbestos in course of earlier employment with defendant — Claimant bringing claim against defendant for financial dependency — Whether having valid claim for financial dependency where profitability of family business increasing after death of deceased — Appropriate method of calculation of financial dependency — Fatal Accidents Act 1976 (c 30), s 3(1) (as substituted by Administration of Justice Act 1982 (c 53), s 3(1))

[2020] EWHC 2398 (QB); [2020] 4 WLR 123; [2020] WLR(D) 497, QBD

FATAL ACCIDENTS ACTS — Damages — Widow's dependency — Deceased building up family business — Claimant wife of deceased receiving salary as director of business and dividends as shareholder but not working in business — Deceased dying from mesothelioma caused by exposure to asbestos in course of earlier employment with defendant — Claimant bringing claim against defendant for financial dependency — Whether having valid claim for financial dependency where profitability of family business increasing after death of deceased — Appropriate method of calculation of financial dependency — Fatal Accidents Act 1976 (c 30), s 3(1)

[2021] EWCA Civ 1172; [2021] 4 WLR 109; [2021] WLR(D) 424, CA

Appellate History