Review of the decision in Mosson v Spousal (London) Ltd

Articles

05/02/2016

Cyrus Katrak summarises the decision in Mosson v Spousal (London) Ltd [2016] EWHC 53 (QB), [2016] WLR(D) 41 in the context of a Fatal Accidents Claim.

Many items fell to be decided by the trail Judge, Mr. Justice Garnham, but of particular interest to practitioners:

  • The costs of the wake, funeral attire and the purchase of a memorial bench were refused following Knauer v Ministry of Justice [2014] EWHC 2553 (QB) and Gammell v Wilson [1982] AC 27;
    • As the expenses claimed had to be be “reasonable in all circumstances” it was not reasonable to claim for the cost of the memorial bench or for clothing to be worn at the funeral [The cost of mourning clothes had been disallowed in Gammell v Wilson at first instance].
    • In Gammell v Wilson the Court of Appeal had also drawn a distinction between a headstone which marks the grave and was a legitimate funeral expense and a memorial which was not. The Judge therefore considered that a memorial bench was not a legitimate funeral expense.
  • A claim for probate was also refused as there was no reference to probate costs in the 1934 Act.
  • Loss of intangible services to reflect “..the additional value and convenience in having someone who is willing and able to provide these services out of love and affection rather than bringing in outside help and contractors” was refused. The Judge considered that this part of the claim was already covered by bereavement damages and a loss of service claim (which he had allowed) and that accordingly this was not a proper claim in law.

Featured Counsel

Cyrus Katrak

Call 1991

Latest News & Events

What can lawyers in the Family Court take from Baroness Casey’s National Audit on Group-Based Child Sexual Exploitation and Abuse?

The report of the National Audit on Group-Based Child Sexual Exploitation and Abuse (“grooming gangs”) was published on 16th June. The Government confirmed the same day that action would be taken on each of the Audit’s 12 recommendations through introduction of legislation, police operations to…

The Dekagram: 18th June 2025

This week Sarah Prager KC joins forces with Rebecca Huxford of Stewarts to bring news of a jurisdictional challenge in which (perhaps somewhat unusually) practical and logistical factors were placed front and centre. Practical and Logistical Factors in Challenges to Jurisdiction The High Court of…

Deka Chambers Instructed in High Profile Child Protection Proceedings Involving Threshold, Privacy and Publication Issues

On 21 May 2025, Mrs Justice Theis handed down a series of judgments, decided over several months from July 2024 to May 2025, in care proceedings concerning siblings who were the subject of physical and emotional abuse perpetrated by their parents. One parent was a…

© Deka Chambers 2025

Search

Portfolio Builder

Select the expertise that you would like to download or add to the portfolio

Download    Add to portfolio   
Portfolio
Title Type CV Email

Remove All

Download


Click here to share this shortlist.
(It will expire after 30 days.)