01/01/2005

Pounder v London Underground Ltd

Uncategorized

Queen’s Bench Division

Claim under the Fatal Accidents Act 1976 by deceased's girl friend who had had two children by the deceased against deceased's employer where deceased's mother was also a claimant. On a preliminary issue as to whether the plaintiff was a dependant as, although the couple had been associated for ten years, there were broken periods in their association and the deceased had given his mother's name as next of kin and used his parents' address for official documents.

HELD: There was evidence from friends and neighbours that the deceased was living with the plaintiff at her flat most of the time. On the facts the plaintiff had been living with the deceased for more than two years prior to his death for the purposes of s.1(3) of the Act despite brief absences and was entitled to claim as a dependant.

[1995] PIQR 217