Category Damages

KNAUER: SUPREME COURT ALLOWS APPEAL: MULTIPLIER RUNS FROM DATE OF TRIAL

The Supreme Court gave judgment in Knauer -v- Ministry [2016] 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 […]

KNAUER -V- MINISTRY OF JUSTICE: DATE FOR SUPREME COURT JUDGMENT

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. 

KNAUER -v- MOJ: FATAL ACCIDENTS & MULTIPLIERS IN THE SUPREME COURT: DECISION PENDING

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 […]

FATAL ACCIDENTS: A HIGH COURT DAMAGES AWARD CONSIDERED

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 [2015] 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 […]

FATAL INCIDENTS: HUMAN RIGHTS AND THE “INDIRECT VICTIM”

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 [2016] 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 […]

FATAL ACCIDENTS: 10 KEY POINTS

The interesting thing about lecturing is that you get questions and feedback. Following the talk at Hardwicke last week I thought it may be useful to set out some central issues in relation to fatal accidents. These issues arose both in the talk itself and in conversations afterwards. There are 10 key issues which benefit […]

NO AWARD FOR DAMAGES FOR “LOSS OF LIFE”: SHAW -v- KOVAC CONSIDERED

In Shaw -v- Kovac [2015] 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 […]

FATAL ACCIDENTS DAMAGES MASTERCLASS: HARDWICKE BUILDING: CENTRAL LONDON: 3rd DECEMBER 2015

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 ACCIDENTS AND CLINICAL NEGLIGENCE: RECENT DEVELOPMENTS AND TIMELY WARNINGS

 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 […]

THIRD EDITION OF APIL GUIDE TO FATAL ACCIDENTS NOW AVAILABLE

The third edition of the APIL Guide to Fatal Accidents is now available (click on the link to see order details). . WHAT THE BLURB SAYS “The APIL Guide to Fatal Accidents, now in its third edition, provides practical advice on how to run a case involving a fatal accident and how to secure maximum awards […]