Payment for services

H and another v S (CA TLR 3 July; NLJ 11 June)

When their mother was killed in circumstances giving rise to liability under the Fatal Accidents Act 1976 the children went to live with their father and stepmother. The mother’s estate in its claim included a substantial sum to represent the benefit of services provided by the mother’s partner, father and stepfather. However, such damages could only be awarded on the basis that they were used to reimburse the voluntary care for services already rendered and were available to pay for such services in the future. If the terms of the trust seemed unlikely to be fulfilled then the court awarding damages should take steps to avoid that outcome. In the present case damages related to the value of services provided by the father and step-mother would not reach the service providers, because they did not wish to be paid for their service.