09/11/1996

Johnson v British Midland Airways

Uncategorized

High Court

The plaintiff's wife and two of his three sons were killed in an aeroplane crash for which the defendants admitted liability. The plaintiff and his family lived in Northern Ireland, but he worked in England. He claimed damages under the Fatal Accidents Act to include the cost of travelling home mid-week to provide support for his remaining son, and also the cost of extra tuition for his son to compensate for the absence of the support for a disciplined approach to his schoolwork which had been provided by his wife.

HELD: applying Topp v. London Country Bus (South West) Ltd. [1992] P.I.Q.R. P206 that as aspects of the loss of the services provided by a wife over and above those which can be provided by a paid housekeeper, both aspects of the claim were recoverable. The making of detailed claims under that head of damages was not inappropriate.

[1996] PIQR Q8