Author Archives: gexall

LATEST EDITION OF THE GUIDE TO FATAL ACCIDENTS: AVAILABLE NOW

  There is, I suppose, no point in having a blog if you can’t tell people about your own books.  The 4th edition of the Guide to Fatal Accidents is out and in (at least one) shop window.  As well as being updated, there are new chapters on multipliers, avoiding the common pitfalls of fatal […]

FATAL ACCIDENTS: PROPOSED AMENDMENTS TO BEREAVEMENT PAYMENTS : ADVANCE NOTICE FOR LECTURES LATER IN THE YEAR (AND A NEW EDITION OF A BOOK…)

The government is, at long last, putting forward a draft remedial order to amend Section 1A of the Fatal Accidents Act 1976.  This would allow cohabitees, who have been living together for more than two years, to recover the statutory bereavement payment.   THE STATUTORY BEREAVEMENT PAYMENT The bereavement payment is only available to a very […]

FATAL ACCIDENTS: AVOIDING THE PITFALLS: WEBINAR 29TH MARCH 2019

I am presenting a webinar on avoiding the pitfalls in fatal accident claims on the 29th March 2019, 1 – 2 pm. It is designed to look at those areas of fatal accident litigation where a lawyer can be negligent, or run into significant problems. ISSUES TO BE COVERED Important issues prior to death, the […]

LIMITATION, FATAL ACCIDENTS AND THE DEATH OF CHILDREN

The law of limitation for  Fatal Accidents Act claims for children is often misunderstood.    Here we look at the limitation period in relation to fatal accident claims and children.  There are two issues: the limitation period when any of the dependants are children: the limitation period when it is a child who has been […]

FATAL ACCIDENT DAMAGES CONSIDERED: BLAKE -v- MAD MAX LIMITED

Originally posted on Zenith PI: PERSONAL INJURY LITIGATION IN PRACTICE:
In Blake v Mad Max Ltd  [2018] EWHC 2134 (QB) Peter Marquand (sitting as a High Court Judge) considered several disputed aspects of damages in a fatal claim. The judgment provides a useful guide to general damages in mesothelioma cases, it confirms the view that…

LIMITATION: SECTION 33 IN A FATAL DISEASE CASE: CASE ALLOWED TO PROCEED AFTER 25 YEAR DELAY

In  Pearce & Ors v The Secretary of State for Business, Energy And Industrial Strategy & Ors [2018] EWHC 2009 (QB) Mr Justice Turner considered the principles relating to Section 33 of the Limitation Act 1980 and granted an application where the claim was brought 25 years out of time.  This is an important recap of the […]

PROPORTIONAL COSTS IN A FATAL CASE: THE MATTERS THAT CAN RECOVERED ON ASSESSMENT

  The facts in Powell & Ors v The Chief Constable of West Midlands Police [2018] EWHC B12 (Costs) are quite extraordinary.  This judgment, on the issue of costs, adds to the material relating to proportionality.  Equally important is the fact that it provides some guidance as to the steps a claimant is able  recover costs for […]

FATAL ACCIDENTS COURSES: MANCHESTER AND LONDON NOVEMBER 2018

In November this year I will, along with solicitor, Hilary Wetherell, be giving two day-long courses organised by APIL “Fatal Accidents, Practice, Procedure and Compassion”   Manchester on 21/11/2018 London 28/11/2018 Booking details are available here.  Details from the APIL website. “This course will be given by experienced practitioner Hilary Wetherell, a partner at Irwin Mitchell, and […]

DAMAGES FOR LOSS OF A FATHER: DAMAGES FOR LOSS OF “INTANGIBLE BENEFIT” AWARDED

In  CC v TD [2018] EWHC 1240 (QB) His Honour Judge Freedman (sitting as a High Court judge) found that it was appropriate for the court to award damages for loss of intangible benefit when children had suffered the loss of a father. THE CASE The deceased was killed in a road traffic accident. At trial the judge […]

COSTS: THE COSTS OF ATTENDING AN INQUEST: THE APPROPRIATE APPROACH

In   Douglas v Ministry of Justice & Anor [2018] EWHC B2 (Costs) Master Leonard considered the issue of the recoverability of costs of attending an inquest. There  is a highly nuanced approach. There is support for some of the costs of a deceased party attending the inquest being recoverable. It adds an added layer of complexity to representation […]