Category Fatal accident claims

FATAL ACCIDENT DAMAGES CONSIDERED: BLAKE -v- MAD MAX LIMITED

In Blake v Mad Max Ltd  [2018] EWHC 2134 (QB) Peter Marquand (sitting as a High Court Judge) considered several disputed aspects of damages in a fatal claim. The judgment provides a useful guide to general damages in mesothelioma cases, it confirms the view that damages cannot be awarded for a “wake” and provides a […]

FATAL ACCIDENTS : COHABITEE IS (OR SHOULD BE) ENTITLED TO BEREAVEMENT PAYMENT

Originally posted on FATAL ACCIDENTS AND ACTIONS ARISING FROM DEATH:
The Court of Appeal decided today that the failure of the  Fatal Accidents Act to include cohabitees  within the definition of those entitled to a bereavement payment is incompatible with Section 4 of the Human Rights Act. As the law currently stands cohabitees are  not…

FATAL ACCIDENT DAMAGES: A RECENT CASE: LIFE EXPECTANCY; DAMAGES FOR LOSS OF SERVICES & LOSS OF CARE & ATTENTION

In Magill v Panel Systems (DB Limited) [2017] EWHC 1517 (QB) His Honour Judge Gosnell (sitting as a Judge of the High Court) considered some key issues relating to fatal accident damages.   THE CASE The claimant was the widow whose husband died from a cardiac arrest.   It was successfully argued that that the presence […]

COMPENSATION FOLLOWING FATAL STABBING: HUMAN RIGHTS AND THE CICA: “DOUBLE RECOVERY” NOT ALLOWED

The decision of the Upper Tribunal in  VG -v- CICA [2017] UKUT 0049 (AAC) is important reading for anyone involved in advising in fatal claims. In essence a High Court action was rendered valueless because the damages awarded were offset by the CICA.  It shows the need to think long and hard before issuing civil […]

2016 IN PERSONAL INJURY: A YEAR IN BLOG POSTS

Throughout 2016 the Zenith Personal Injury  Team have been busy blogging about the latest news in PI and civil procedure. Here, as the first “review of the year” are all the posts topic by topic. POSTS ON PROCEDURE This has been (as always) an interest year in relation to procedure. Vilma Vodanivic considered what happens […]

FATAL ACCIDENT CLAIMS: A DEPENDANT’S LOSS OF EARNINGS CANNOT BE CLAIMED

In Rupasinghe -v- West Hertfordshire Hospitals NHS Trust [2016] EWHC 2848 (QB) Mr Justice Jay rejected a novel attempt to develop fatal accident damages so as to include future loss of earnings by a dependant. KEY POINTS A widow could not advance her claim for loss of her own earnings following her husband’s death. The […]

FATAL ACCIDENT DEPENDENCY AND CULTURAL EXPECTATIONS: THE REPORTED CASES

Originally posted on FATAL ACCIDENTS AND ACTIONS ARISING FROM DEATH:
A number of recent cases I have been involved in have highlighted the need for care when dealing with claimants who have specific cultural expectations as to dependency.  There are relatively few reported cases on this topic. It is worth looking at them. KEY POINTS…