Interest on loss of financial dependency

Train & Sons Ltd v Fletcher [2008] EWCA Civ 413 24 April

The defendant was the executrix of the estate of her husband who had died from the effects of malignant mesothelioma, resulting from his exposure to asbestos in the course of his employment with the defendant. The parties had agreed the amount in respect of the past loss of financial dependency from the date of death to the date of trial, and had agreed that the full rate of interest for that period was 14.75%. The judge rejected the defendant’s arguments that the award of interest should be half, rather than full, rate and be limited to the past loss of financial dependency. He made an award of interest from the date of death to the date of trial, on the whole of the damages including future loss.