Monthly Archives: July 2014
FATAL ACCIDENT DEPENDENCY CLAIMS: A WORKING EXAMPLE: DEATH OF A WIFE & MOTHER AS A RESULT OF MESOTHELIOMA
Reports of decisions on dependency calculations are always welcome. Fatal accident damages account for 4% of payments made in personal injury claims. The number of reported cases on damages is relatively small. Cases are often better investigated and less likely to go to trial because there are far fewer disputed issues. The case of Knauer […]
RECENT CASES ON FATAL ACCIDENTS CONSIDERED
Here we review recent cases relating to fatal accidents. (1) Accidents abroad and the scope of the Fatal Accidents Act; (2) Cohabitation, human rights and the Fatal Accidents Act. (3) Valuing a dependency claim; (4) Damages for loss of consortium. THE SCOPE OF THE FATAL ACCIDENTS ACT : COX –V- ERGO VERSICHERUNG AG The decision […]
FIRST REPORT OF CHIEF CORONER
The Report of the Chief Coroner to the Lord Chancellor is now available. This is worth reading as, among other things, it sets out the revised nature of the Coroner’s functions and the on-going reforms.
DEALING WITH A BARE DENIAL AND THE ABSENCE OF A COUNTER-SCHEDULE: ABRASIVE PART 18 QUESTIONS TO ASK
In a post in Civil Litigation Brief I set out the problems caused by a “bare denial” in a defence. This can be a problem in fatal accident claims, particularly where, for instance, the defence “denies” that a claimant is a dependant but gives no detail of that denial. The law relating to this is […]
REDUCTION IN FATAL ACCIDENTS AT WORK: BUT THE FIGURES MUST BE TREATED WITH CAUTION
The HSE today reported a welcome reduction in fatalities in the workplace. Workplace deaths are at an “all time low”. HSE has also today released the latest number of deaths from mesothelioma, a cancer caused by exposure to asbestos. These show that 2,535 people died in 2012, which is an increased from 2,291 in 2011. […]
FATAL ACCIDENTS AND ACTIONS ARISING FROM DEATH 