Category Evidence

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. […]

PRACTICE, PROCEDURE AND FAIR PROCEEDINGS IN THE CORONER’S COURT: WILSON -v- HM SENIOR CORONER FOR BIRMINGHAM AND SOLIHULL

In Wilson -v- HM Senior Coroner for Birmingham and Solihull [2015] ewhc 2561 (Admin) l the Divisional Court rejected an application for judicial review of a Coroner’s narrative verdict. “Fairness in an inquest must be fashioned in an environment where there are no pleadings and in which those given leave to appear as interested persons […]

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 […]

FATAL ACCIDENT DEPENDENCY: CHANCE OF RECONCILIATION GIVES RISE TO 80% OF DAMAGES

The judgment of HHH Judge Coe (sitting as a High Court judge) in Hayes -v- South East Coast Ambulance Service NHS Foundation Trust [2015] EWHC 18 (QB) highlights an important aspect of fatal accident damages.  A former wife and husband had separated and were divorced at the time of the husband’s death. However reconciliation was […]

LOSS OF SERVICES CLAIM FOR “HOUSEWIFE” IS NOT A NOMINAL LOSS

I looked at the case of Knauer -v- Ministry of Defence [2014] EWHC 2553 (QB) in an earlier post.  However one significant aspect of the case justifies close examination. The judge put a clear and definite value on the loss to a widower caused by the death of his wife who were in a “traditional” relationship […]

CORONER’S HEARINGS AND THE USE OF HEARSAY EVIDENCE

Originally posted on Civil Litigation Brief:
The Chief Coroner has issued a Law Sheet on the use of Hearsay Evidence in Coroner’s Courts.  It is available here THE KEY POINTS Hearsay evidence is admissible in coroner’s courts. Once it is admitted its value is a matter of weight in all the circumstances. Coroner’s are not…

DAMAGES FOR PAIN AND SUFFERING PRIOR TO DEATH AND REDUCTION OF LIFE EXPECTANCY: IMPORTANT COURT OF APPEAL DECISION

The case of Kadir -v- Mistry [2014] EWCA Civ 1177 deals with two important questions in relation to pain and suffering prior to death. Firstly should there be an award for pain and suffering in circumstances where the deceased person would have had the same symptoms but at a later time; secondly whether the deceased […]

FATAL ACCIDENT DEPENDENCY CLAIMS: A WORKING EXAMPLE: DEATH OF A WIFE & MOTHER AS A RESULT OF MESOTHELIOMA

Reports of decisions on dependency calculations are always welcome. Fatal accident damages account for 4% of payments made in personal injury claims.  The number of  reported cases on damages is relatively small.  Cases are often better investigated and less likely to go to trial because there are far fewer disputed issues. The case of  Knauer […]