Tag Archives: Useful resources

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 […]

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, […]

ASSISTING THE BEREAVED CLIENT: GUIDANCE AND LINKS

Some years ago I ran the APIL course on fatal accidents. As part of that course I insisted upon lecturing with an experienced bereavement counsellor  who could advise solicitors on how best to deal with the problems of recently bereaved clients. This was always well received. It is an area where lawyers receive no training […]

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 […]

DEALING WITH A BARE DENIAL AND THE ABSENCE OF A COUNTER-SCHEDULE: ABRASIVE PART 18 QUESTIONS TO ASK

In a post in Civil Litigation Brief I set out the problems caused by a “bare denial” in a defence.  This can be a problem in fatal accident claims, particularly where, for instance, the defence “denies” that a claimant is a dependant but gives no detail of that denial.  The law relating to this is […]

FATAL ACCIDENTS ABROAD: THE DECISION IN Cox -v- Ergo Versicherung AG EXPLAINED

The decision in Cox is an important one in relation to fatal accident claims where the accident happened abroad. Links to the decision and summary were provided in an earlier post. The decision is considered and explained in full in a DWF Briefing on the case which can be found here . Note, in particular, the […]

FATAL ACCIDENTS ABROAD: IMPORTANT DECISION BY THE SUPREME COURT

The Supreme Court today decided an important issue of how fatal accident damages are to be considered when the accident happened abroad. In particular what legal principles apply to the assessment of damages. Cox (Appellant) v Ergo Versicherung AG [2014] UKSC 22 FINDING THE CASE The Supreme Court  Press Summary can be found here  The full […]

CORONER’S COURTS JUDGMENTS ONLINE: ACTION TO PREVENT FUTURE DEATHS

A coroner has a duty to make reports in circumstances where they believe that action should be taken to prevent future deaths. These reports (previously known as Rule 43 reports) are now available online at the Tribunals Judiciary website. All reports since July 2013 will be uploaded. RELATED POSTS See the article which set out […]

OBTAINING WORK RECORDS: JUDICIAL REVIEW PENDING

Obtaining a work record is often an essential part of a fatal/industrial disease claim. Recently there have been difficulties because HMRC have refused to disclose records without a Court Order. This matter is noted in the latest Association of Personal Injury Lawyer Weekly News.  There is a judicial review pending. THE TEXT FROM APIL “An issue […]

INQUEST HAVE OPENED A NEW WEBSITE

Inquest, an organisation that gives advice to bereaved people attending inquests, have a new website at http://www.inquest.org.uk/ It offers practice advice, in particular see the section “Are you bereaved?”