The law in relation to fatal accidents This blog aims to provide a resource for all those involved in fatal accident litigation, whether it be as a dependant or a litigator. This section provides a brief overview of the law in relation to fatal accidents. See the links section on the side of this blog […]

Originally posted on Zenith PI: PERSONAL INJURY LITIGATION IN PRACTICE:
The decision of the Upper Tribunal in  VG -v- CICA [2017] UKUT 0049 (AAC) is important reading for anyone involved in advising in fatal claims. In essence a High Court action was rendered valueless because the damages awarded were offset by the CICA.  It shows…

Originally posted on Civil Litigation Brief:
In Kimathi & Ors -v- The Foreign & Commonwealth Office [2016] EWHC 3005 (QB) Mr Justice Stewart reviewed the principles in relation to bringing an action on behalf of a deceased party.  It is an important reminder of some very basic principles. An action is brought by the deceased’s…

Originally posted on Zenith PI: PERSONAL INJURY LITIGATION IN PRACTICE:
In Rupasinghe -v- West Hertfordshire Hospitals NHS Trust [2016] EWHC 2848 (QB) Mr Justice Jay rejected a novel attempt to develop fatal accident damages so as to include future loss of earnings by a dependant. KEY POINTS A widow could not advance her claim for…

Originally posted on Zenith PI: PERSONAL INJURY LITIGATION IN PRACTICE:
In the judgment today in Smith -v- Lancashire Teaching Hospitals NHS Trust [2016] EWHC 2208 (QB) Mr Justice Edis, reluctantly, held that the Fatal Accidents Act bereavement payment cannot be extended to cover a cohabitee. “Why, in any event, does it serve any public interest…

A number of recent cases I have been involved in have highlighted the need for care when dealing with claimants who have specific cultural expectations as to dependency.  There are relatively few reported cases on this topic. It is worth looking at them. KEY POINTS Perhaps the major point to be made is to read […]

Zenith Chambers invite you to :     PI Wine and Wisdom: Fatal Accident Damages Masterclass       4:30 PM – 6:30 PM Tuesday, 19th July 2016     The Chambers, 30 Park Place, LS1 2SP     £20.00     This seminar is accredited for 2 CPD Hr(s) On Tuesday 19th July 2016, […]

Originally posted on Civil Litigation Brief:
Over the weekend I heard two speakers on costs budgeting mention my view that costs budgeting may not now apply to fatal accident claims where children are dependants.  Given the potential significance of this, it is worth expanding my concerns. THE NEW RULE The new rules came into force on…