Tuesday 6th July 2021
This is the Defendant’s appeal against the order made by Anthony Metzer QC dated 13 February 2020 in the Queen’s Bench Division of the High Court.
The Judge awarded the Claimant damages after trial in the gross sum of £928,857.22 inclusive of interest.
The Claimant is the widow of Neil Witham who died in January 2019, at the age of 55, of mesothelioma. Of the award of damages made under Law Reform (Misc Provisions) Act 1934 and the Fatal Accidents Act 1976, more than £750,000 related to the care needs of two children who are in foster care of the Claimant under a ‘foster plus’ arrangement with Oxfordshire County Council over whom a parental responsibility care order has been made in the Family Court. Claimant continued to act as a sole foster carer after her husband’s death.