Category Evidence
FATAL ACCIDENTS: LAW, PRACTICE, PROCEDURE & COMPASSION: COURSES IN NOVEMBER AND DECEMBER 2019
Alongside solicitor and partner in Irwin Mitchell Hilary Wetherell I am speaking at the APIL day-long courses on fatal accidents in November and December this year, in London, Manchester and Bristol. Our emphasis is on practical knowledge and application of that knowledge, alongside compassionate client care. “Stimulating, scintilating and inspiring on what is a very difficult and […]
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: 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 […]
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 […]
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 […]
MUTUAL WILLS: A MATTER OF WITNESS CREDIBILITY
There is a detailed discussion of the law of mutual wills in the judgment of HHJ Paul Matthews (sitting as a High Court judge) in Legg & Anor v Burton & Ors [2017] EWHC 2088 (Ch). This will be looked at in a later post. Here I want to look at the important point that the […]
FATAL ACCIDENT DEPENDENCY AND CULTURAL EXPECTATIONS: THE REPORTED CASES
A number of recent cases I have been involved in have highlighted the need for care when dealing with claimants who have specific cultural expectations as to dependency. There are relatively few reported cases on this topic. It is worth looking at them. KEY POINTS Perhaps the major point to be made is to read […]
FATAL ACCIDENTS DAMAGES MASTERCLASS: 19th JULY 2016 LEEDS
Zenith Chambers invite you to : PI Wine and Wisdom: Fatal Accident Damages Masterclass 4:30 PM – 6:30 PM Tuesday, 19th July 2016 The Chambers, 30 Park Place, LS1 2SP £20.00 This seminar is accredited for 2 CPD Hr(s) On Tuesday 19th July 2016, […]
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 AND ACTIONS ARISING FROM DEATH 