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Damages – Personal injury. In an appeal against the method of calculation of damages made to the appellant following the death of his wife from mesothelioma, the Supreme Court allowed the appellant's appeal against the decision of the trial judge to assess the multiplier from the date of death, as previously decided by the House of Lords, rather than from the date of trial. The Supreme Court decided not to follow those earlier cases on the basis that the correct date as at which to assess the multiplier when fixing damages for future loss in claims under the Fatal Accidents Act 1976 should be the date of trial and not the date of death.
Damages – Personal injury. In an appeal against the method of calculation of damages made to the appellant following the death of his wife from mesothelioma, the Supreme Court allowed the appellant's appeal against the decision of the trial judge to assess the multiplier from the date of death, as previously decided by the House of Lords, rather than from the date of trial. The Supreme Court decided not to follow those earlier cases on the basis that the correct date as at which to assess the multiplier when fixing damages for future loss in claims under the Fatal Accidents Act 1976 should be the date of trial and not the date of death.
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