Clodagh Bradley QC has won an interesting point of law in a quantum only trial relating to a claim for the surviving spouse’s loss of earnings under the Fatal Accidents Act 1976.

The Claimant was a doctor in the UK and following her husband’s death she returned to Sri Lanka, where she had qualified, in order to have the support of family in providing childcare. The Claimant sought the difference between the earnings she would have received in the UK and those she now receives in Sri Lanka.

Clodagh argued and Mr Justice Jay found that this was not a recoverable head of damages under the Fatal Accidents Act 1976, as it was neither a financial dependency claim nor a services dependency claim under the Act.

Clodagh Bradley QC was instructed by Kiran Sekhon and Sarah Al-Tahib of Capsticks on behalf of West Hertfordshire Hospitals NHS Trust. Gordon Bebb QC and Harry Trusted were instructed by Irwin Mitchell on behalf of Dr Rupasinghe, the Claimant.