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…
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…
DAMAGES IN ANTICIPATION OF DEATH: WEBINAR 8th JUNE 2020
On the 8th June I am giving a webinar on the important issues of damages in anticipation of death. This looks at damages for reduced life expectancy and the practical steps lawyers can take in these difficult and tragic cases. …
INCREASE IN FATAL ACCIDENT BEREAVEMENT AWARD FROM TODAY: A FEW THINGS TO NOTE ABOUT THE BEREAVEMENT AWARD
The bereavement award paid under the Fatal Accidents Act 2020 has increased to £15,210. However that increase only applies where the cause of action accrues on or after 1st May 2020. It has no relevance to ongoing cases, see The Damages…
THE KEY CASES IN FATAL ACCIDENT DEPENDENCY CLAIMS: WEBINAR 6th APRIL 2020
On the 6th April 2020 I am presenting a webinar “The Key Cases in Fatal Accident Dependency Claims” – concentrating upon the assessment of damages in fatal accident cases. THE WEBINAR The means of assessment of fatal accident…
PART 36, FATAL ACCIDENT CLAIMS AND PRE-ACTION SETTLEMENT: A POINT FOR BOTH CLAIMANTS AND DEFENDANTS TO WATCH
The judgment of Mr Justice Turner in Kore v Brocklebank [2019] EWHC 3491 (QB) raises some interesting issues in relation to Part 36 and fatal accident claims. It means that both claimants and defendants will have to take considerable care…
PROVING THINGS 169: WHEN THE DEFENDANT CALLS NO (LAY) EVIDENCE AND TRIES TO PROVE ITS CASE THROUGH THE CLAIMANT’S WITNESSES
There are a number of interesting aspects of the judgment of HHJ Coe in Esegbona v King’s College Hospital NHS Foundation Trust (false imprisonment in hospital) [2019] EWHC 77 (QB). One of which is the defendant’s failure to call any…
WHEN “ROBUST” CASE MANAGEMENT TURNS INTO APPARENT BIAS: HIGH COURT OVERTURNS DIRECTIONS: THE TALE OF THE ORGAN GRINDER
In Dorman & Ors v Clinton Devon Farms Partnership [2019] EWHC 2988 (QB) Mr Justice Pushpinder Saini allowed an appeal against directions made by a Circuit Judge. He also upheld an appeal against that judges refusal to recuse himself on…
DEALING WITH THE BEREAVED CLIENT: USEFUL LINKS AND GUIDANCE (2019)
This is the time of year when Hilary Wetherell and I travel round and give the APIL course on “Fatal Accidents, Practice, Procedure and Compassion”. The course deals a lot with the law and procedural aspects of fatal accidents. However…
FATAL ACCIDENTS: LAW, PRACTICE, PROCEDURE & COMPASSION: COURSES IN NOVEMBER AND DECEMBER 2019
Alongside solicitor and partner in Irwin Mitchell Hilary Wetherell I am speaking at the APIL day-long courses on fatal accidents in November and December this year, in London, Manchester and Bristol. Our emphasis is on practical knowledge and application of…
RECOVERING THE COST OF ATTENDING THE INQUEST: MUST BE BOTH RELEVANT AND PROPORTIONATE (BUT PROPORTIONALITY IS NOT JUST ABOUT MONEY)
The judgment today in Fullick & Ors v The Commissioner of Police for the Metropolis [2019] EWHC 1941 (QB) deals with the, often challenging, question of whether the costs of attending an inquest is recoverable in cases where the claimant…
FATAL ACCIDENTS 4th EDITION: WANT A FREE COPY? WHAT DOES YOUR CLIENT NEED YOU KNOW ABOUT BEREAVEMENT?
The 4th edition of Fatal Accidents was published last week. The publishers, Lexis Nexis, have several copies they can give away. I am looking for contributions (here or on Twitter) as to the most useful things that lawyers can know,…
LATEST EDITION OF THE GUIDE TO FATAL ACCIDENTS: AVAILABLE NOW
There is, I suppose, no point in having a blog if you can’t tell people about your own books. The 4th edition of the Guide to Fatal Accidents is out and in (at least one) shop window. As well as…
CIVIL PROCEDURE BACK TO BASICS 50: THE POSTS SO FAR
The “back to basics” series has been going since April 2018. It has covered a surprising amount of topics. From how to draft an application to “litigation wishful thinking”. Some people have expressed surprise and how “basic” some points are…
PROVING THINGS 151: DEPENDENCY IN A FATAL ACCIDENT ACT CLAIM: ADULT CHILD DEPENDANTS RECEIVE DAMAGES FOR FUTURE CONTRIBUTIONS TO WEDDINGS AND TOWARDS THEIR FIRST HOME
In AB v KL [2019] EWHC 611 (QB) David Edwards QC (sitting as a judge of the High Court) considered the nature of the evidence needed to establish damages under the Fatal Accidents Act 1976. It is also important both…
FATAL ACCIDENTS: PROPOSED AMENDMENTS TO BEREAVEMENT PAYMENTS : ADVANCE NOTICE FOR LECTURES LATER IN THE YEAR (AND A NEW EDITION OF A BOOK…)
The government is, at long last, putting forward a draft remedial order to amend Section 1A of the Fatal Accidents Act 1976. This would allow cohabitees, who have been living together for more than two years, to recover the statutory…
CLAIMANTS IN A FATAL ACCIDENT CLAIM HAVE NOT “WON” ANYTHING: SETTLEMENT OF ACTION APPROVED: DETAILS KEPT CONFIDENTIAL
In Correa & Ors v BP Plc & Ors [2019] EWHC 232 (QB) Mrs Justice Yip approved damages in a fatal accident case. The judgment provides a great deal of anonymity but gives a real indication of the difficulties involved. “The…
THE ORDER THE COURTS CAN MAKE WHEN A DEFENDANT HAS DIED AND THERE ARE NO EXECUTORS OR ADMINISTRATORS
Another aspect of the judgment Currie v Thornley & Anor [2019] EWHC. 172 (Ch) relates to the order the courts can make when a defendant in a civil action has died. THE CASE One of two defendants in a civil action had…
FRESH PROCEEDINGS CAN BE ISSUED IF FIRST PROCEEDINGS ON BEHALF OF THE DECEASED WERE A NULLITY: DENTON CONSIDERED
In the judgment today in Hutson & Anor, The Personal Representatives of v Tata Steel UK Ltd [2019] EWHC 143 (QB) Mr Justice Turner considered several points relating to the ability of those acting on behalf of an estate to…
CIVIL PROCEDURE: BACK TO BASICS 25: FATAL ACCIDENT ACT LIMITATION PERIODS AND 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…
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. The idea came about from of a number of search terms that led to this blog, including “fatal…
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