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…
FATAL ACCIDENT DAMAGES AND THE CHOUZA CASE (1): THE “PERCENTAGE” DEPENDENCY CLAIM
It is rare for fatal accident dependency cases to reach trial. A detailed examination of many aspects of fatal accident damages was carried by Mr Justice Martin Spencer in Chouza v Martins & Ors [2021] EWHC 1669 (QB). This is…
IF YOU HAVE GOT ISSUES WITH DISCLOSURE YOU SHOULD HAVE SORTED THESE OUT WELL BEFORE TRIAL: HIGH COURT JUDGMENT
The judgment of Mr Justice Martin Spencer in Chouza v Martins & Ors [2021] EWHC 1669 (QB) contains much of interest and importance to anyone involved in fatal accident litigation. Indeed I will be writing a series of posts on…
CLAIMANT SUCCESSFUL ON APPEAL IN APPLICATION FOR NON-PARTY DISCLOSURE: THEY “SHOULD NOT HAVE HAD TO MAKE THE DISCLOSURE APPLICATION IN THE FIRST PLACE”
In Sparkes v London Pension Funds Authority & Anor [2021] EWHC 1265 (QB) Mr Justice Murray allowed an appeal and made an order for non-party disclosure in favour of a claimant. There are few appellate decisions in relation to non-party…
DEFENDANT FAILS TO BEAT CLAIMANT’S PART 36 OFFER: PART 36 CONSEQUENCES HELD NOT TO APPLY: THE CONSEQUENCES OF SERVING EVIDENCE LATE
The judgment of Mr Justice Johnson in Head v The Culver Heating Co Ltd [2021] EWHC 1235 (QB) is one that is of profound interest to those involved in fatal accident litigation. I will be writing about the damages aspect…
BEREAVEMENT DAMAGES IN THE “DIS-UNITED” KINGDOM: THE “POSTCODE LOTTERY” FOLLOWING A FATAL ACCIDENT
The Association of Personal Injury lawyers made a presentation yesterday in relation to re-consideration of the law relating to bereavement damages in the UK. It point, in particular, to the differences between the law in England,Wales and Northern Irelan compared…
BOOK REVIEW: CORONERS’ INVESTIGATIONS AND INQUESTS: SOMETHING WORTH BUYING
Representing a party at an inquest is always a difficult and sensitive task. In addition to dealing with the grief, and sometimes remorse, involved there are myriad of legal and technical rules to be navigated. That is why this new…
CHILDREN AND LIMITATION IN FATAL ACCIDENTS: LIMITATION AND THE DEATH OF CHILDREN
The law of limitation for Fatal Accidents Act claims for children is often misunderstood. Here we look at the limitation period in relation to fatal accident claims and children. There are two issues: the limitation period when any of…
PROVING THINGS 201: THE WHITE LION HOTEL CASE AND PROVING BREACH OF DUTY BY AN OCCUPIER
In the judgment in The White Lion Hotel (A Partnership) v James [2021] EWCA Civ 31 the Court of Appeal set out some importance principles in relation to claims based on the Occupiers’ Liability Act 1957. The court upheld a…
PROVING THINGS 193: THE POSSIBILITY OF THE DECEASED PERSON HAVING INCREASED EARNINGS AND “LOSS OF CHANCE” CONSIDERED IN A FATAL CASE
In many ways the judgment Young v Downey [2020] EWHC 3457 (QB) is an extraordinary case, involving a terrorist killing taking place in 1982. On the other hand it shows a principle of general application in the assessment of fatal…
THE CHILD CLAIMANT AND FATAL ACCIDENT LITIGATION: WEBINAR 8th DECEMBER 2020
I am giving a webinar on the 8th December 2020. I wanted to look at the particular issues facing a child claimant in a fatal accident case. There are quite complex principles governing the losses involved. Booking details are available…
FATAL ACCIDENT: LEGAL COSTS OF ATTENDING INQUEST WERE RECOVERABLE: THE DANGERS TO DEFENDANTS OF MAKING AN EQUIVOCAL “ADMISSION”
In the judgment today in Greater Manchester Fire and Rescue Service v Veevers [2020] EWHC 2550 (Comm) HHJ Pearce upheld a decision that the legal costs incurred in attending an inquest were recoverable as costs in a subsequent action for…
THE OTHER AMENDMENT TO THE FATAL ACCIDENTS ACT 1976: COHABITEES MAY HAVE TO SHARE BEREAVEMENT AWARD WITH PARENTS: SPOUSES MAY HAVE SHARE PAYMENT WITH COHABITEES
There is another amendment made to the Fatal Accidents Act 1976 in relation to the people entitled to receive a bereavement award. This is quite technical, but could be important in a very limited class of cases. The amendment is…
CHANGES IN FATAL ACCIDENT ACT: STATUTORY BEREAVEMENT AWARD EXTENDED TO COHABITEES
The Fatal Accidents Act 1976 (Remedial) Order 2020 comes into force on the 6th October 2020. It extends the scope of people entitled to the statutory bereavement award, extending it to cohabitees. THE ORDER The Order inserts the term…
PROVING DAMAGES IN A FATAL CASE: THE COURT SHOULD LOOK AT THE “PRACTICAL REALITY”: WIDOW DID HAVE A FINANCIAL DEPENDENCY WHERE HUSBAND HAD RUN A SUCCESSFUL BUSINESS
In Rix v Paramount Shopfitting Company Ltd [2020] EWHC 2398 (QB) Mr Justice Cavangh considered and applied an important principle in fatal accident damages. The fact that the deceased person was running a successful business, and it went on trading …
FATAL ACCIDENTS 2020: A SERIES OF WEBINARS TO HELP THOSE INVOLVED IN FATAL ACCIDENTS LITIGATION
Normally at this time of year I get together with Hilary Wetherell to present a one day course on fatal accidents. There are obvious difficulties with giving lectures this year. We are instead series of webinars on the key issues…
WHEN EXPERT EVIDENCE BECOMES REDUNDANT: “WE DO NOT HAVE TRIAL BY EXPERT IN THIS COUNTRY: WE HAVE TRIAL BY JUDGE”
There is an interesting judgment on expert evidence at Domeney v Rees & Ors [2020] EWHC 2115 (QB), where Master Davis considered whether accident reconstruction evidence was necessary in relation to a trial. “We do not have trial by…
FATAL ACCIDENT ACTION NOT STRUCK OUT: CAUTION NEEDED WHEN DEALING WITH A DEVELOPING AREA OF LAW
In the judgment this morning in Begum v Maran (UK) Ltd [2020] EWHC 1846 (QB) Mr Justice Jay refused a defendant’s application to strike out a claim and/for summary damages in for fatal accident damages. It highlights the point that…
WEBINARS ON LAW, PROCEDURE AND DAMAGES: READ ALL ABOUT THEM…
Since lockdown has made giving live presentations impossible I have been involved in presenting a number of webinars. This would seem a good time to set them out. Those that have been given earlier this year are still available on…