KNAUER: SUPREME COURT ALLOWS APPEAL: MULTIPLIER RUNS FROM DATE OF TRIAL

Fatal Accident Law

The Supreme Court gave judgment in Knauer -v- Ministry [2016] UKSC 9 of Justice this morning. The court allowed the appeal.  The multiplier in a fatal accident case now runs from the date of trial/assessment and not the date of death. This means that fatal accident awards will now be higher.  There is a greater incentive on defendants to settle cases earlier.

THE JUDGMENT

The court held that the use of the Ogden Tables means that the approach to multipliers is now more scientific. The concerns that governed the previous House of Lords decisions on this point were to a large extent alleviated.

Now the multiplier runs from the date of assessment and not the date of death. In the Knauer case itself this meant that the widow received an additional £50,000.

DISCUSSION OF PREVIOUS DECISIONS OF THE HOUSE OF LORDS

12. If this is now so obvious, why did…

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