The Supreme Court gave judgment in Knauer -v- Ministry  UKSC 9 of Justice this morning. The court allowed the appeal. The multiplier in a fatal accident case now runs from the date of trial/assessment and not the date of death. This means that fatal accident awards will now be higher. There is a greater […]
The judgment in the Supreme Court case about multipliers is to be given on the 24th February 2016. The video of the arguments in the case can be seen here.
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 MULTIPLIER The question of the date from which the multiplier should be […]
There are interesting observations in relation to several aspects of Fatal Accident damages in the judgment of Mr Justice Garnham in Mosson -v- Spousal (London) Ltd  EWHC 53 (QB). KEY POINTS An allegation of contributory negligence on the part of the deceased could not be sustained in the total absence of evidence. The costs […]
The definition of dependants under the Fatal Accidents Act 1976 is set out in clear terms in the Act itself. In Daniel -v- St George’s Healthcare NHS Trust  EWHC 23 (QB) Mrs Justice Lang DBE considered issues of eligibility when a claim is brought under the Human Rights Act and the ECHR. KEY POINTS […]
In Shaw -v- Kovac  EWHC 3335(QB) Judge Platts considered the question of whether there is a freestanding head of damages for “loss of life” together with some other aspects of the damages where the claim lies solely on behalf of the estate. “So in my judgment there is no independent free-standing claim of negligently […]
Details of the course on Fatal Accident Damages are set out below. It is at Hardwicke Building, Lincoln’s Inn on the 3rd December 2015 at 3.30 pm. The course is free of charge and lasts for two hours (plus refreshments). To register following the link here to Hardwicke’s site which enables you to book online. […]
Fatal accident litigation can give rise to very specific problems in the context of clinical negligence. All fatal accidents always throw up their own unique problems. Recent cases have demonstrated a number of particular areas of concern for all practitioners, but particularly those instructed where medical negligence has caused, or hastened, death. WHAT THE CASES […]