Tag Archives: Fatal accident

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 […]

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, […]

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 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 […]

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 […]

RECENT CASES ON FATAL ACCIDENTS CONSIDERED

 Here we review recent cases relating to fatal accidents.  (1) Accidents abroad and the scope of the Fatal Accidents Act; (2) Cohabitation, human rights and the Fatal Accidents Act. (3) Valuing a dependency claim; (4) Damages for loss of consortium. THE SCOPE OF THE FATAL ACCIDENTS ACT : COX –V- ERGO VERSICHERUNG AG The decision […]

REDUCTION IN FATAL ACCIDENTS AT WORK: BUT THE FIGURES MUST BE TREATED WITH CAUTION

The HSE today reported a welcome reduction in fatalities in the workplace.  Workplace deaths are at an “all time low”. HSE has also today released the latest number of deaths from mesothelioma, a cancer caused by exposure to asbestos. These show that 2,535 people died in 2012, which is an increased from 2,291 in 2011. […]

INDEPENDENT ARTICLE ON BACKLOG IN CORONER’S COURTS

There is an important article in the Independent dealing with delays in the coroner’s courts. The article shows that the average period is 26 weeks. However there are major variations with some areas taking twice as long and one inquest taking seven years to complete.