Monthly Archives: September 2014
ASSISTING THE BEREAVED CLIENT: GUIDANCE AND LINKS
Some years ago I ran the APIL course on fatal accidents. As part of that course I insisted upon lecturing with an experienced bereavement counsellor who could advise solicitors on how best to deal with the problems of recently bereaved clients. This was always well received. It is an area where lawyers receive no training […]
THE FATAL ACCIDENT MULTIPLIER: APPEAL TO THE SUPREME COURT PENDING
Traditionally the multiplier in a fatal accident case runs from the date of death. The House of Lords decided this in Cookson -v- Knowles [1979] AC 556 and it has been rigorously applied ever since. However there is an appeal to the Supreme Court pending. NEWS FROM HARDWICKE CHAMBERS Not quite (but nearly) hidden away in […]
LOSS OF SERVICES CLAIM FOR “HOUSEWIFE” IS NOT A NOMINAL LOSS
I looked at the case of Knauer -v- Ministry of Defence [2014] EWHC 2553 (QB) in an earlier post. However one significant aspect of the case justifies close examination. The judge put a clear and definite value on the loss to a widower caused by the death of his wife who were in a “traditional” relationship […]
CORONER’S HEARINGS AND THE USE OF HEARSAY EVIDENCE
Originally posted on Civil Litigation Brief:
The Chief Coroner has issued a Law Sheet on the use of Hearsay Evidence in Coroner’s Courts. It is available here THE KEY POINTS Hearsay evidence is admissible in coroner’s courts. Once it is admitted its value is a matter of weight in all the circumstances. Coroner’s are not…
DAMAGES FOR PAIN AND SUFFERING PRIOR TO DEATH AND REDUCTION OF LIFE EXPECTANCY: IMPORTANT COURT OF APPEAL DECISION
The case of Kadir -v- Mistry [2014] EWCA Civ 1177 deals with two important questions in relation to pain and suffering prior to death. Firstly should there be an award for pain and suffering in circumstances where the deceased person would have had the same symptoms but at a later time; secondly whether the deceased […]
FATAL ACCIDENTS AND ACTIONS ARISING FROM DEATH 