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FATAL ACCIDENTS: DAY LONG (ONLINE) COURSE ON LAW, PRACTICE AND PROCEDURE: 12TH NOVEMBER 2021

Alongside solicitor Hilary Wetherell I am presenting a day long course: Fatal Accidents: Law, Practice, Procedure and Compassion 2021.  It is an online course on the 12th November 2021.  Booking details are available here. THE COURSE This one day virtual course will take you through every element of a fatal accident claim, with particular emphasis on the compassionate […]

A SERIES OF WEBINARS ON “STAYING SAFE” IN PERSONAL INJURY PRACTICE: BRIGHTEN UP YOUR NEW YEAR

To help 2021 run smoothly  for our members I am presenting a series of webinars in February and March on the theme of “staying safe” in the running of personal injury cases. The webinars look at key areas of practice and procedure, examine where any why things go wrong and then how to avoid problems. […]

INSOLVENCY AND THE PERSONAL INJURY LAWYER: WEBINAR 29TH JANUARY 2021

There have been several features on this blog about the problems that insolvency causes to personal injury litigants. Both in terms of the claimant being bankrupt and also the difficulties in pursuing insolvent defendants.  These issues are looked at in detail in a webinar on the 29th January 2021 “Insolvency and the Personal Injury Litigator”. […]

LATEST EDITION OF THE GUIDE TO FATAL ACCIDENTS: AVAILABLE NOW

  There is, I suppose, no point in having a blog if you can’t tell people about your own books.  The 4th edition of the Guide to Fatal Accidents is out and in (at least one) shop window.  As well as being updated, there are new chapters on multipliers, avoiding the common pitfalls of fatal […]

FATAL ACCIDENTS: PROPOSED AMENDMENTS TO BEREAVEMENT PAYMENTS : ADVANCE NOTICE FOR LECTURES LATER IN THE YEAR (AND A NEW EDITION OF A BOOK…)

The government is, at long last, putting forward a draft remedial order to amend Section 1A of the Fatal Accidents Act 1976.  This would allow cohabitees, who have been living together for more than two years, to recover the statutory bereavement payment.   THE STATUTORY BEREAVEMENT PAYMENT The bereavement payment is only available to a very […]

FATAL ACCIDENT DAMAGES CONSIDERED: BLAKE -v- MAD MAX LIMITED

Originally posted on Zenith PI: PERSONAL INJURY LITIGATION IN PRACTICE:
In Blake v Mad Max Ltd  [2018] EWHC 2134 (QB) Peter Marquand (sitting as a High Court Judge) considered several disputed aspects of damages in a fatal claim. The judgment provides a useful guide to general damages in mesothelioma cases, it confirms the view that…

FATAL ACCIDENT DAMAGES: A RECENT CASE: LIFE EXPECTANCY; DAMAGES FOR LOSS OF SERVICES & LOSS OF CARE & ATTENTION

Originally posted on Zenith PI: PERSONAL INJURY LITIGATION IN PRACTICE:
In Magill v Panel Systems (DB Limited) [2017] EWHC 1517 (QB) His Honour Judge Gosnell (sitting as a Judge of the High Court) considered some key issues relating to fatal accident damages. ? THE CASE The claimant was the widow whose husband died from a cardiac…

COMPENSATION FOLLOWING FATAL STABBING: HUMAN RIGHTS AND THE CICA: “DOUBLE RECOVERY” NOT ALLOWED

Originally posted on Zenith PI: PERSONAL INJURY LITIGATION IN PRACTICE:
The decision of the Upper Tribunal in  VG -v- CICA [2017] UKUT 0049 (AAC) is important reading for anyone involved in advising in fatal claims. In essence a High Court action was rendered valueless because the damages awarded were offset by the CICA.  It shows…

THE DEAD CAN’T SUE: AN IMPORTANT REMINDER

Originally posted on Civil Litigation Brief:
In Kimathi & Ors -v- The Foreign & Commonwealth Office [2016] EWHC 3005 (QB) Mr Justice Stewart reviewed the principles in relation to bringing an action on behalf of a deceased party.  It is an important reminder of some very basic principles. An action is brought by the deceased’s…

FATAL ACCIDENT CLAIMS: A DEPENDANT’S LOSS OF EARNINGS CANNOT BE CLAIMED

Originally posted on Zenith PI: PERSONAL INJURY LITIGATION IN PRACTICE:
In Rupasinghe -v- West Hertfordshire Hospitals NHS Trust [2016] EWHC 2848 (QB) Mr Justice Jay rejected a novel attempt to develop fatal accident damages so as to include future loss of earnings by a dependant. KEY POINTS A widow could not advance her claim for…