KB-2025-MAN-000051 - [2025] EWHC 1926 (KB)

Introduction

On 20 February 2022 Stephen Birtles and his wife Geraldine were struck by a car being driven by the First Defendant. Mrs Birtles died immediately. Mr Birtles died on 4 March 2022, some 12 days later having never regained consciousness. They had one daughter, Nicola who was born on 27 September 1984. The First Defendant was an uninsured driver. The Second Defendant will ultimately be responsible for meeting the damages claim.

The claim was commenced on 13 February 2025 and is brought by the executor of the estate of each of Mr and Mrs Birtles for the benefit of Nicola (a dependent) under the Fatal Accidents Act 1976 (“the 1976 Act”) and on behalf of each estate under the Law Reform (Miscellaneous Provisions) Act 1934 (“the 1934 Act”).

This judgment deals with the Second Defendant’s application to strike out two aspects of the damages claims brought on behalf of Mr Birtles’ estate. The first is a common law claim for loss of the right to claim bereavement damages. The second relates to the cost of the provision of services which, had she not died, Mrs Birtles would have provided to him had she not died. The former claim is in the sum of £15,120 fixed by section 1A of the 1976 Act. The latter is in the sum of £538,485.60 calculated as the cost of employing a housekeeper for the period during which Mrs Birtles would have lived.

Each of these claims is said to have passed to Mr Birtles’ estate by operation of section 1 of the 1934 Act because it was vested in Mr Birtles at the point of his death.