The issue of the date when the multiplier should run from has been considered by the Supreme Court on the 28th January 2016 in Knaur -v- the MOJ. This is a case that, undoubtedly, is going to feature again on the blog.
The question of the date from which the multiplier should be calculated is one that is hardly likely to give rise to general acceptance. Current practice is that the multiplier in fatal claims runs from the date of death. This compares to personal injury actions when the multiplier is assessed from the date of trial.
The differences can be important. In the Knauer case this led to a difference in the sum of £50,000.
The question was whether the Supreme Court should adopt the Law Commission recommendation that the multiplier should run from the date of assessment or retain the “traditional approach”.
Judgment is awaited…
There is a useful summary of the issues in BLM The Policy Blog.
- The fatal accident multiplier: appeal to the Supreme Court pending.
- Loss of services claim for “housewife” is not a nominal loss.
- Fatal accident dependency claims: a working example.