Traditionally the multiplier in a fatal accident case runs from the date of death. The House of Lords decided this in Cookson -v- Knowles  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 the “gossip” section of the Hardwicke Personal Injury Newsletter for September 2014 is the news that:
“The Claimant in Knaeur v MoJ  EWHC 2553 has been given permission for a leapfrog appeal from the High Court to the Supreme Court on the issue of multipliers for future loss/dependency in fatal accident claims. The issue is whether the Supreme Court should overrule the House of Lords decision in Cookson v Knowles  AC 556 and hence use multipliers from the date of trial not the date of death. If successful this would increase the value of fatal accident claims where there are future dependency awards.”
I do not know when it will be heard. However it is a factor worth bearing in mind when drafting Schedules and settling fatal cases in the future.
THE KNAEUR CASE
This case has featured on this blog twice already.
- In Loss of Services claim for housewife is not a nominal loss.
- Fatal Act Dependency Claims: a Working Example
It appears likely that it will get a greater amount of attention in the future.