Category Limitation

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 […]

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 […]

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 […]

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 […]

DAMAGES FOR LOSS OF FATAL ACCIDENT ACT DAMAGES WHEN LIFE EXPECTANCY IS REDUCED: HAXTON –v- PHILLIPS CONSIDERED

 HAXTON V PHILIPS ELECTRONICS UK LIMITED [2014] EWCA Civ 4 What can a claimant do if your claim under the Fatal Accidents Act is reduced because, as a result of the defendant’s negligence, their own life expectancy is lowered and the claim under the Fatal Accidents Act is therefore reduced?  The answer lies in Haxton […]

LIMITATION AND FATAL ACCIDENTS: 10 THINGS YOU SHOULD KNOW

I have written a post entitled “10 Myths about Limitation that every personal injury should know”.  Most of this is relevant to fatal accident litigation. It can be found at  http://civillitigationbrief.wordpress.com/2013/10/20/ten-myths-about-limitation-that-every-personal-injury-litigator-should-know/

ISSUING LATE: SECTION 33 AND THE FATAL ACCIDENTS ACT AND LAW REFORM ACT – AN EXAMPLE OF A CLAIMANT SUCCEEDING

This post looks at the case of Nicholas -v- Ministry of Defence where an action for damages following death was issued many years late. The court exercised its discretion under Section 33 of the Limitation Act 1980 to allow the action to proceed and awarded damages. In Patricia Melanie Nicholas (Executrix of Doris Timbrell) –v- […]