Tag Archives: Fatal Accidents Act 1976
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 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 […]
The Supreme Court gave judgment in Knauer -v- Ministry  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 […]
The judgment in the Supreme Court case about multipliers is to be given on the 24th February 2016. The video of the arguments in the case can be seen here.
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 […]
There are interesting observations in relation to several aspects of Fatal Accident damages in the judgment of Mr Justice Garnham in Mosson -v- Spousal (London) Ltd  EWHC 53 (QB). KEY POINTS An allegation of contributory negligence on the part of the deceased could not be sustained in the total absence of evidence. The costs […]
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  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 […]