Monthly Archives: September 2013
FATAL ACCIDENTS IN THE WORKPLACE: EVIDENCE AFTER THE 1st OCTOBER 2013
The changes to breach of statutory duty introduced on 1st October may cause particulars problems in relation to fatal accidents at work. These cases present particular problems because the deceased cannot give evidence (unless there was a period of survival after the accident). It has been previously useful to rely on breaches of statutory […]
NEW BLOG ON ACCIDENTS AT WORK AFTER 1st OCTOBER 2013
I have started a blog on accidents at work after the Enterprise and Regulatory Reform Act 2013 comes into force. The Act abolishes an action for breach of statutory duty and claimants will have to rely upon common law negligence. This can have a profound impact in fatal accident cases caused by accidents at work. […]
FATAL ACCIDENTS: BEREAVEMENT DAMAGES AND THE DEATH OF CHILDREN: PUTTING THE RECORD STRAIGHT
An article in The Times on Thursday 19th September 2013 “Bereavement damages a postcode lottery” appeared to indicate that parents whose children were killed in England could not recover damages for bereavement. The article reads: “If a child is killed, then parents in England and Wales will receive nothing at all — […]
DO YOU NEED LETTERS OF ADMINISTRATION TO ISSUE ON BEHALF OF THE ESTATE?
There is an article on this issue which is highly relevant to fatal accident litigators at my other blog at http://civillitigationbrief.wordpress.com/2013/09/12/do-you-need-letters-of-administration-to-issue-on-behalf-of-an-estate/
DEATH OF A PARENT AND THE BEREAVEMENT AWARD: WHAT CAN A CHILD CLAIM?
I had an e-mail yesterday from APIL stating that one of their members was insistent that a child, under the age of 18, could recover bereavement damages following the death of a parent. Regrettably I had to inform them that this is not the case. The bereavement award is a statutory award. The Act itself […]