Category Special damages

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 […]

ZENITH’S PERSONAL INJURY UPDATE: THE DAY IN PICTURES

  Yesterday we held our annual personal injury update. For those who couldn’t make it (and for those who did) we thought we would do a history of the day in pictures. Justin Crossley chaired the morning session. Apparently stating (more than once) that we had won Yorkshire Chambers of the Year.     Frances […]

Accident abroad but claim commenced here against MIB – damages are to be assessed in accordance with the law of the state where accident occurred

MIB v Moreno [2016] UKSC 52 Miss Moreno was injured in an RTA in Greece by an uninsured driver. Liability was admitted. Miss Moreno brought a claim against the MIB in the UK as is permissible under the various Council Directives of the EU (culminating in the Sixth Directive 2009/103/EC) and consequent Regulations that implement […]

PERSONAL INJURY ANNUAL UPDATE: 17th OCTOBER 2016 CENTRAL LEEDS

The Personal Injury Practice Group is holding its Annual Update on the 17th October at the Park Plaza Hotel in Leeds. The course runs from 9.30 to 5.00pm and lunch is provided. The cost is £80. Topics to be covered this year include: Costs – developments in 2016. Employer and public liability update. Road Traffic […]

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…

ASSESSING DAMAGES WHEN THE CLAIMANT WAS ALREADY SERIOUSLY INCAPACITATED: COURT OF APPEAL DECISION

In Reaney -v- University Hospital of North Staffordshire NHS Trust [2015] EWCA Civ 1119 the Court of Appeal considered the appropriate approach to the award of damages when injuries are caused to a claimant who, prior to the defendant’s negligence, was already seriously disabled. “At para 70 of his judgment in the present case, Foskett […]