The parents of a man who died after he was knocked from his bicycle by a car, are suing the insurance company of the driver.
Tsz Fok, aged just 22, was an undergraduate engineering student at Oxford University when he was killed in a collision with a bin lorry on Broad Street, Oxford, in 2007.
His parents Anna and King Fok, who live in Hong Kong, are claiming compensation on the grounds that Tsz would have supported them once he finished university.
Under Chinese law it is acceptable for the parents of a deceased child to claim compensation as it is a normal custom for children to support their retired parents. However this law is yet to be recognised in the UK and if this claim is successful then it would be the first time this principle is applied in an English court.
Solicitor Stephen Warren is representing the Fok Family and he explained that Mr Fok would have supported his parents once he had started his career. He said: “This is a tradition that has been honoured for generations. While the loss of a child is difficult for any family to bear, in Hong Kong culture it unfortunately also means the loss of your future security.”
Following his sons untimely death in 2007, Mr Fok had to put aside his plans for retirement and has been unable to afford to stop working at his job in Hong Kong. The family had saved for many years to be able to send Tsz to university in Oxford in the hope that this would enable him to provide for them in the future.
He was an exceptional academic and he secured his place at oxford with 10 A-Levels, including eight A grades. He had been studying engineering, economics, and management at the prestigious Worcester College.
Mr Warren also said: “We have already received very helpful evidence form the extended family and friends of the Foks, but this tradition is not yet widely established in English case law. It is usually not possible for parents to receive such an award, as the situation is not typical in England. It is our hope that this case will help establish recognition of this principle in English law.”
The driver of the vehicle which knocked Tsz from his bicycle and fatally injuring him, Trevor Ashworth, was found guilty of driving without due care and attention at Wantage Magistrates Court in February last year. He was banned from driving for eight months and ordered to pay £1,500 in fines and costs. No compensation was offered to the Fok family.
