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 […]

The government is, at long last, putting forward a draft remedial order to amend Section 1A of the Fatal Accidents Act 1976.  This would allow cohabitees, who have been living together for more than two years, to recover the statutory bereavement payment.   THE STATUTORY BEREAVEMENT PAYMENT The bereavement payment is only available to a very […]

I am presenting a webinar on avoiding the pitfalls in fatal accident claims on the 29th March 2019, 1 – 2 pm. It is designed to look at those areas of fatal accident litigation where a lawyer can be negligent, or run into significant problems. ISSUES TO BE COVERED Important issues prior to death, the […]

The law of limitation for  Fatal Accidents Act claims for children is often misunderstood.    Here we look at the limitation period in relation to fatal accident claims and children.  There are two issues: the limitation period when any of the dependants are children: the limitation period when it is a child who has been […]

Originally posted on Zenith PI: PERSONAL INJURY LITIGATION IN PRACTICE:
In Blake v Mad Max Ltd  [2018] EWHC 2134 (QB) Peter Marquand (sitting as a High Court Judge) considered several disputed aspects of damages in a fatal claim. The judgment provides a useful guide to general damages in mesothelioma cases, it confirms the view that…

In  Pearce & Ors v The Secretary of State for Business, Energy And Industrial Strategy & Ors [2018] EWHC 2009 (QB) Mr Justice Turner considered the principles relating to Section 33 of the Limitation Act 1980 and granted an application where the claim was brought 25 years out of time.  This is an important recap of the […]

  The facts in Powell & Ors v The Chief Constable of West Midlands Police [2018] EWHC B12 (Costs) are quite extraordinary.  This judgment, on the issue of costs, adds to the material relating to proportionality.  Equally important is the fact that it provides some guidance as to the steps a claimant is able  recover costs for […]

In November this year I will, along with solicitor, Hilary Wetherell, be giving two day-long courses organised by APIL “Fatal Accidents, Practice, Procedure and Compassion”   Manchester on 21/11/2018 London 28/11/2018 Booking details are available here.  Details from the APIL website. “This course will be given by experienced practitioner Hilary Wetherell, a partner at Irwin Mitchell, and […]