Monthly Archives: November 2016

THE DEAD CAN’T SUE: AN IMPORTANT REMINDER

Originally posted on Civil Litigation Brief:
In Kimathi & Ors -v- The Foreign & Commonwealth Office [2016] EWHC 3005 (QB) Mr Justice Stewart reviewed the principles in relation to bringing an action on behalf of a deceased party.  It is an important reminder of some very basic principles. An action is brought by the deceased’s…

FATAL ACCIDENT CLAIMS: A DEPENDANT’S LOSS OF EARNINGS CANNOT BE CLAIMED

Originally posted on Zenith PI: PERSONAL INJURY LITIGATION IN PRACTICE:
In Rupasinghe -v- West Hertfordshire Hospitals NHS Trust [2016] EWHC 2848 (QB) Mr Justice Jay rejected a novel attempt to develop fatal accident damages so as to include future loss of earnings by a dependant. KEY POINTS A widow could not advance her claim for…