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Family Law

The leading authority on all aspects of family law

09 MAR 2005

DAMAGES: Kotke v Saffarini [2005] EWCA Civ 221

(9 March 2005; Potter and Buxton LJJ; Court of Appeal) [2005] 2 FLR 51

The deceased died in a car accident. The administrators of the deceased's estate claimed damages from the driver of the car, including a claim under Fatal Accidents Act 1976, s 1(3)(b) for loss of dependency for the mother of the deceased's child. The judge dismissed the woman's claim on the basis that she had not been living with the deceased in the same household as his wife for at least 2 years before the death. The judge had been correct in drawing a distinction between wanting and intending to live in the same household, planning to do so, and actually doing so. The mere sharing of shopping expenses on those occasions the couple had stayed together before the birth of the child was evidence of a sharing relationship but fell short of the establishment of a joint household.

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