Category Procedure

FATAL ACCIDENTS 2020: A SERIES OF WEBINARS TO HELP THOSE INVOLVED IN FATAL ACCIDENTS LITIGATION

Normally at this time of year I get together with Hilary Wetherell to present a one day course on fatal accidents.  There are obvious difficulties with giving  lectures this year. We are instead  series of webinars on the key issues relating to fatal accident litigation and damages. FATAL ACCIDENTS: SEEING THE CLIENT FOR THE FIRST TIME, PREPARING […]

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 […]

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 […]

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 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 […]

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 […]

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 […]