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). …
DEFENDANT GRANTED RELIEF FROM SANCTIONS WHEN WITNESS EVIDENCE SERVED ONE YEAR LATE: WIDER INTERESTS OF JUSTICE CONSIDERED
I am grateful to barrister Andrew McLaughlin for drawing my attention to the judgment of Mr Justice Freedman in Tiernan-Spratt & Anor v City Of Wolverhampton Council [2023] EWHC 811 (KB). It concerns a successful appeal. The judge at first…
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…
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 an 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…