CHIEF CORONER’S GUIDANCE FOR CORONERS ON THE BENCH: A USEFUL SOURCE OF INFORMATION FOR ALL THOSE INVOLVED IN INQUESTS
Today has been a day for sending out useful links. Here we have a useful link for all those who are involved in inquests. A link to the Chief Coroner’s Guidance for Coroners on the Bench which was revised earlier…
PROVING THINGS 260: COURT OF APPEAL JUDGMENT ON ADVERSE INFERENCES: “WE REJECT THIS NEW WAY OF PUTTING THE ADVERSE INFERENCE CASE”
I am grateful to David Platt KC for drawing my attention to the Court of Appeal decision in Alexander Johnstone v Fawcett’s Garage (Newbury) Limited [2025] EWCA Civ 467, in particular to the judgment in relation to adverse inferences. The Court of…
FIXED RECOVERABLE COSTS CONFERENCE: 8th NOVEMBER 2024 – READ ALL ABOUT IT…
On the 8th November I am speaking at the Fixed Recoverable Costs Conference in London. The conference covers numerous aspects of fixed recoverable costs. (I am speaking on fixed costs, fatal cases and the costs of attending an inquest). Booking…
FATAL CLAIMS AND THE VICTIMS OF CRIME: WEBINAR 15th OCTOBER 2024
On the 15th October I am presenting a webinar looking at fatal claims when the deceased person has died because they are a victim of crime. This webinar looks at the Criminal Injuries Compensation Scheme in detail and then considers…
WITNESS CREDIBILITY AND REWRITING EVENTS OVER TIME: DEFENDANT DRIVER CAST AROUND FOR AN INTERPRETATION OF THEIR ACTIONS THAT PLACED THEM IN THE BEST LIGHT POSSIBLE
We have looked recently at a number of cases in relation to witness credibility. The judgment of HHJ Martin Picton in Palmer v Timms [2024] EWHC 2292 (KB) is a case where the primary issue at trial was the credibility…
DAMAGES IN ANTICIPATION OF DEATH AND DAMAGES FOR LOSSES PRIOR TO DEATH: WEBINAR 12th AUGUST 2024
This webinar looks at the difficult areas of (i) losses in anticipation of death, when a claimant has a reduced life expectancy; (ii) losses prior to death, including financial losses and pain and suffering. It provides practical guidance on order…
CHILDREN AND FATAL ACCIDENT LITIGATION 2024: KEY ISSUES CONSIDERED: WEBINAR 6th AUGUST
There are particulars challenges and difficulties facing a practitioner in cases where children are the only or primary dependants in a fatal claim. This webinar addressed the key issues, in relation to the law, practice and procedure and helping with…
RECENT CASES IN FATAL ACCIDENT LITIGATION – WHAT CAN WE LEARN FROM THEM? WEBINAR 30th JULY 2024
This webinar looks at recent cases in relation to liability, quantum and damages involving fatal accident victims. It enables us to spend enough time looking at each case in detail, in particular the evidence that was adduced and the conclusions…
THE CORONERS’ COURT, COMPETENCES, FUNDING AND HELP WITH DEALING WITH THE BEREAVED CLIENT: USEFUL LINKS
Today I have presented a webinar on the coroners’ courts. The webinar has a particular emphasis on helping the client through the process, and the “competences” set out in the joint documents between the SRA, CILEx and the Bar Standards…
FOUR WEBINARS ON FATAL ACCIDENT LITIGATION: CORONERS; RECENT CASES; CHILDREN AND FATAL CLAIMS & DAMAGES IN ANTICIPATION OF DEATH
There are four webinars over the next four weeks dealing with key elements of fatal accident litigation. An introduction to the coroner’s court for personal injury and clinical negligence lawyers 23rd July 2024 This webinar is an introduction to the…
COMPETENCES, CORONERS COURTS AND ADVOCACY: A REVIEW (AND A USEFUL WEBINAR ON THE 23rd JULY)
In 2021 a working group of legal professionals published a set of Competencies for practitioners working in the Coroners’ Courts, in addition to providing a useful toolkit. Concerns were raised following the experiences of the families of the victims of…
FATAL ACCIDENT ACT DAMAGES: THE DANGERS WHEN A JUDGE DOES NOT FOLLOW THE ESTABLISHED APPROACH: CLAIMANT’S APPEAL AGAINST “OFF PISTE” METHODOLOGY ALLOWED
In Price v Marston’s PLC [2024] EWHC 1352 (KB) Mr Justice Griffiths overturned a trial judge’s assessment of fatal accident damages because there was a failure to follow long established principles of calculation of loss. The case is an important…
AVOIDING LIMITATION PROBLEMS AND THE (POSSIBLE) LIFELINE OF SECTION 33: WEBINAR 29th MAY 2024
Over the year this blog has recorded many cases of claimants (but not always claimants) coming to grief because of limitation issues. This webinar is designed to help practitioners avoid limitation problems, looking at major problem areas, common mistakes and…
THE KEY CASES IN FATAL ACCIDENT DAMAGES: WEBINAR 19TH APRIL 2024
The means of assessment of fatal accident damages is not set out in the Fatal Accident Act, but is set out in case law. A knowledge of the case law is essential to all those involved in fatal accident litigation. …
FATAL ACCIDENT CLAIMS: ENSURING EVERYTHING GOES RIGHT : WEBINAR 11th APRIL 2024
This webinar is designed to ensure that litigators avoid the potential pitfalls of fatal accident litigation and take positive steps to ensure an action runs smoothly. Booking details are available here. MATTERS THAT ARE COVERED Limitation in fatal cases…
PREPARING A SCHEDULE IN A FATAL CLAIM: WEBINAR 4th APRIL 2024
This webinar looks at the essential elements of a claim for damages in fatal accident litigation, considering all the information necessary to draft a credible schedule. The webinar includes a detailed checklist for fatal schedules in addition to some draft…
Understanding the law relating to fatal accidents: The essential points: Webinar 25th March 2024
This webinar takes you through the essential elements you have to consider before you can advise whether a claim for fatal accident damages can be brought. Booking details are available here. THE WEBINAR It covers:- The basic principles of…
A SERIES OF FOUR WEBINARS TO TAKE YOU THROUGH LAW AND PRACTICE RELATING TO FATAL ACCIDENTS
In March and April 2024 I am presenting four webinars which take practitioners through the major issues relating to law and procedure in Fatal Accident Act claims. All of those who subscribe to the webinars will receive comprehensive questionnaires for…
DAMAGES FOR PSYCHIATRIC INJURY AFTER SEEING A DEATH : SOME IMPORTANT POINTS CLARIFIED BY THE SUPREME COURT
The judgment of the Supreme Court in Paul & Anor v Royal Wolverhampton NHS Trust [2024] UKSC 1 will be the subject of detailed scrutiny by practitioners and academics for years to come. It is an action where the claimants…
THE NEED FOR COURT APPROVAL IN A FATAL ACCIDENT CASE INVOLVING CHILDREN: SUBSEQUENT ACTION FOR PERSONAL INJURY IS NOT AN ABUSE OF PROCESS
The judgment of Mr Justice Pepperall in Bayless & Ors v Norfolk and Norwich University Hospitals NHS Foundation Trust [2023] EWHC 2986 (KB) provides a warning, to both claimants and defendants, that offers under the Fatal Accidents Act, that involve…
DAMAGES IN ANTICIPATION OF DEATH AND FOR LOSSES PRIOR TO DEATH: WEBINAR 11th OCTOBER 2023
Claims for reduction of life expectancy or for losses prior to death can be difficult and complex. They require a highly sensitive approach. They also require a large degree of knowledge of the relevant legal principles. There are traps and…
CHILDREN AND FATAL ACCIDENT LITIGATION: WEBINAR 4th OCTOBER 2023
There are particularly difficult and sensitive issues involved when a fatal case involves a child dependant, or it is a a child that is killed. A webinar on the 4th October 2023 looks at the particular difficulties and examines the…
RECENT CASES IN FATAL ACCIDENT LITIGATION – WHAT CAN WE LEARN FROM THEM? WEBINAR 25th SEPTEMBER 2023
Fatal accident cases can give rise to practical and technical issues that require a detailed knowledge of the relevant principles and case law. On the 25th September 2023 I am presenting a webinar looking at recent decisions in fatal cases…
CLAIMANTS CAN RECOVER THE COSTS OF ATTENDING A PRE-INQUEST REVIEW: THE DEFENDANT’S RHETORIC WAS MISPLACED: THE CLAIMANT’S COSTS WERE NOT “EYE WATERING” AT ALL
In Briley & Ors v Leicester Partnership NHS Trust & Ors [2023] EWHC 1470 (SCCO) Costs Judge James found that the costs of attending a pre-inquest review were held to be recoverable inter partes. “I would add that whilst…
THREE WEBINARS ON KEY ISSUES IN FATAL ACCIDENT LITIGATION
I am presenting three webinars on fatal accident litigation for later this year. These deal with recent developments in fatal accident litigation; children and fatal cases and the difficult issue of damages in anticipation of death and claims for losses…
SECTION 33 APPLICATION ALLOWED IN ACTION ISSUED 4 YEARS AFTER LIMITATION EXPIRED
In Tyers v Aegis Defence Services (BVI) Ltd & Ors [2023] EWHC 896 (KB) Mr Justice Martin Spencer allowed an application under Section 33 of the Limitation Act 1980 in a case where the proceedings were issued 7 years after…
WASTED COSTS AGAINST A SOLICITOR BECAUSE OF FAILURE TO ENSURE THE CLAIMANT HAD PROBATE PRIOR TO ISSUE: A CASE TO POINT
I am grateful to solicitor Jonathan Fuggle of Browne Jacobson for sending me a copy of the judgment in Rafferty -v- Royal Wolverhampton NHS Trust, a copy of which is available here 1460100_Rafferty v Royal Wolverhampton NHS Trust_Approved Judgment_31.05.22 (2). …
Fatal accidents series 2023 – Taking care of the client and yourselves: Webinar 1st March 2023: Essential viewing on St David’s Day
On the 1st March 2023 solicitor Hilary Wetherell is presenting the 5th webinar in the series on fatal accidents. Booking details are available here. The webinar deals at the practical steps that the lawyer can take to understand and help…
ENSURING EVERYTHING GOES RIGHT IN FATAL ACCIDENT CLAIMS: WEBINAR 22nd FEBRUARY 2023
On the 22nd February 2023 I am presenting a webinar on Fatal Accidents “Ensuring Everything Goes Right”. This looks at the problem areas that can arise in fatal claims and how to avoid them. Booking details are available here. THE…
PREPARING A SCHEDULE IN A FATAL CLAIM: WEBINAR 15th FEBRUARY 2023
On the 15th February 2023 I am presenting a webinar on preparing a schedule in a fatal accident claim. The webinar looks at the essential elements of a claim for damages in fatal accident litigation, considering all the information necessary…
UNDERSTANDING THE LAW RELATING TO FATAL ACCIDENTS: WEBINAR 8th FEBRUARY 2023
On the 8th February 2023 I am presenting a webinar “Understanding the Law Relating to Fatal Accidents”. Booking details are available here. THE WEBINAR This webinar takes you through the essential elements you have to consider before you can advise…
WEBINAR ON FATAL ACCIDENTS 1: SEEING THE CLIENT FOR THE FIRST TIME AND PREPARING FOR THE INQUEST: 1st FEBRUARY 2023
On the 1st February 2023 solicitor Hilary Wetherell is presenting the first in a series of webinars on fatal accidents. This webinar deals with the essential elements of the first meeting with the client and preparing for the inquest. Booking…
UNDERSTANDING FATAL ACCIDENT LAW: A SERIES OF FIVE WEBINARS THIS YEAR
Together with solicitor Hilary Wetherell we are presenting a series of five seminars on fatal accident law and litigation. These take you through seeing the client for the first time, understanding the law relating to fatal claims, preparing a Schedule,…
FATAL ACCIDENTS 2023: SEEING THE CLIENT; UNDERSTANDING THE LAW; THE SCHEDULE: GETTING THINGS RIGHT: TAKING CARE OF YOUR CLIENTS AND YOURSELVES: A SERIES OF WEBINARS TO GUIDE YOU THROUGH IT
Alongside solicitor Hilary Wetherell we are presenting a series of webinars to take practitioners through the major elements of personal injury law, practice and procedure. Each webinar can be viewed as a stand alone webinar as well as being part…
THE ESTATE OF A DECEASED PERSON CAN BE SUBSTITUTED AS A PARTY WHEN THERE IS A PROVISIONAL DAMAGES ORDER: HIGH COURT DECISION TODAY
In Power v Bernard Hastie & Company Ltd & Ors [2022] EWHC 1927 (QB) Mr Justice Johnson held that the estate of a claimant who had obtained a provisional damages order can take advantage of that order. The order was…
FATAL ACCIDENTS: AVOIDING THE PITFALLS: WEBINAR 28th JUNE 2022
This webinar is designed to look at those areas of fatal accident litigation where a lawyer can be negligent, or run into significant problems. Booking details are available here. TOPICS TO BE COVERED Important issues prior to death, the…
DAMAGES IN ANTICIPATION OF DEATH: WHEN THERE IS A REDUCED LIFE EXPECTANCY: WEBINAR 21st JUNE 2022
This webinar looks at the difficult, but important, issue of how the courts award damages when a claimant has reduced life expectancy as a result of their injuries. Booking details available here. TOPICS TO BE COVERED What is the…
THE CHILD CLAIMANT AND FATAL ACCIDENT LITIGATION: WEBINAR 15th JUNE 2022
This webinar looks at the problems and issues faced by a child who has suffered the loss of parents or carers. It looks at the position when children are the sole claimants, have a dependency claim as part of a…
RECENT CASES IN FATAL ACCIDENT LITIGATION: WHAT CAN WE LEARN FROM THEM? WEBINAR 8th JUNE 2022
The law as to fatal accident damages is based primarily on judicial decisions. To understand damages fully it is important that you have a detailed knowledge of key decisions and how fatal accident damages are approached by the courts. It…
A SERIES OF WEBINARS ON FATAL ACCIDENT LITIGATION AND DAMAGES: JUNE 2022
There are a series of four webinars in June 2022 on key aspects of fatal accident litigation and damages. Looking at recent cases, the child claimant and fatal accidents, damages in anticipation of death and avoiding the pitfalls of fatal…
COSTS, FATAL ACCIDENTS: THE DUTY TO INFORM THE CLIENT OF “UNUSUAL COSTS” AND WHEN THE BUDGET IS BEING EXCEEDED
The judgment of Senior Costs Judge Gordon-Saker in ST v ZY [2022] EWHC B5 (Costs) highlights many problem areas in relation to fatal accident litigation and the assessment of costs. In particular it is prudent to take early steps to…
HELPING THE BEREAVED CLIENT: USEFUL LINKS AND GUIDANCE 2021
On Friday Hilary Wetherell and I spent the day giving the APIL course on Fatal Accidents remotely (the course is still available on demand). The course deals a lot with the law and procedural aspects of fatal accidents. However it also…
DEFENDANT REFUSED PERMISSION TO WITHDRAW FIGURES SET OUT IN COUNTER-SCHEDULE
The judgment of Mr Justice Ritchie in Haggerty-Garton & Ors v Imperial Chemical Industries Ltd [2021] EWHC 2924 (QB) is interesting in that it shows the application of Scottish principles of damages to a fatal case (the award was much…
FATAL ACCIDENT DAMAGES: A CLAIM FOR SERVICES CAN BE BASED ON THE COSTS OF COMMERCIAL REPLACEMENT – WITHOUT DISCOUNT
The Court of Appeal decision in Steve Hill Ltd v Witham [2021] EWCA Civ 1312 contains an important consideration of the basis upon which claims for loss of services are calculated in a fatal accident case. FATAL ACCIDENT –…
THE DUTY OF CARE OWED TO A TRESPASSER: A TRAGIC CASE CONSIDERED BY THE COURTS
In Ovu v London Underground Ltd (duty of care) [2021] EWHC 2733 (QB) Master McCloud considered the duty of care owed to a trespasser. Her judgment starts with a reminder that this is a case about the death of a…
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…
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…
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…
FATAL ACCIDENT DAMAGES AND THE CHOUZA CASE (3): PAIN,SUFFERING AND SHOCK PRIOR TO DEATH
This is the third post in a detailed examination of the judgment in Chouza v Martins & Ors [2021] EWHC 1669 (QB). Here we look at the judgment in relation to the claim for pain and suffering prior to death. …
FATAL ACCIDENT DAMAGES AND THE CHOUZA CASE (2): WHO IS A DEPENDANT?
This is the second post in a detailed examination of the judgment in Chouza v Martins & Ors [2021] EWHC 1669 (QB). Here the we look at the position as to whether adult children were in fact “dependants” entitled to…