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:
In Magill v Panel Systems (DB Limited) [2017] EWHC 1517 (QB) His Honour Judge Gosnell (sitting as a Judge of the High Court) considered some key issues relating to fatal accident damages. ? THE CASE The claimant was the widow whose husband died from a cardiac…

  There is a detailed discussion of the law of mutual wills in the judgment of  HHJ Paul Matthews (sitting as a High Court judge)  in Legg & Anor v Burton & Ors [2017] EWHC 2088 (Ch).  This will be looked at in a later post. Here I want to look at the important point that the […]

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 […]