Category Law

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 […]

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 […]

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 […]

COSTS BUDGETING IN FATAL CASES WHERE THERE IS A CHILD

I had an interesting email this morning from Jon Heath, solicitor at Levins, Liverpool. It dealt with the issue of costs budgeting in a fatal case where there is a child involved. BUDGETING, FATAL ACCIDENTS AND CHILDREN CLAIMS “I recently attended a CCMC at the County Court at Liverpool on behalf of the claimant in […]

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, […]

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- 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 […]