Tag Archives: Fatal Accidents Act 1976

FATAL ACCIDENT DAMAGES: COURT OF APPEAL UPHOLDS WIDOW’S CLAIM TO DAMAGES BASED ON “PRACTICAL REALITY”

In Paramount Shopfitting Company Ltd v Rix [2021] EWCA Civ 1172 the Court of Appeal rejected a defendant’s appeal in relation to the assessment of damages awarded to a widow. The widow’s husband had run a successful business.  The fact that it had continued to prosper after his death did not impact upon the award that was […]

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 ACCIDENT DEPENDENCY AND CULTURAL EXPECTATIONS: THE REPORTED CASES

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 […]

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, […]

KNAUER: SUPREME COURT ALLOWS APPEAL: MULTIPLIER RUNS FROM DATE OF TRIAL

The Supreme Court gave judgment in Knauer -v- Ministry [2016] 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 […]

KNAUER -V- MINISTRY OF JUSTICE: DATE FOR SUPREME COURT JUDGMENT

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. 

KNAUER -v- MOJ: FATAL ACCIDENTS & MULTIPLIERS IN THE SUPREME COURT: DECISION PENDING

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 […]

FATAL ACCIDENTS: A HIGH COURT DAMAGES AWARD CONSIDERED

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 [2015] 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 […]

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 […]