Claims involving a fatality

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Practice notes
Defining the primary victimA primary victim is a claimant who was directly involved as a participant in the incident that caused their psychiatric...
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9th Nov
Practice notes
The nature of the awardWhere an injured person is disadvantaged in the labour market as a result of a residual disability resulting from an injury,...
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9th Nov
Practice notes
Background and frameworkPurpose of a provisional damages awardWhen the court makes a once and for all lump sum award, it is designed to cover both...
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Produced in partnership with Andrew Wilson 12th Jan
Practice notes
General principlesAs a general rule, a claimant must give credit for any financial gains they make that they have received as a result of their...
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9th Nov
Practice notes
To identify the circumstances in which a court may find an employer to be vicariously liable for a tort committed by an employee it is useful to trace...
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Produced in partnership with Andrew Wilson 12th Jan
Practice notes
This case tracker considers case law in relation to qualified one-way costs shifting (QOCS) in order to provide some guidance on how the courts are...
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9th Nov
Practice notes
IntroductionOver the past decade or so, motor insurers have adopted and developed a strategy for identifying and dealing with road accident personal...
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Produced in partnership with Andrew Wilson 12th Jan
Practice notes
Expert witnesses are instructed in personal injury claims to provide an opinion on medical and non-medical technical issues within their field of...
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Produced in partnership with Ian Huckstepp of IRH Solicitors 12th Jan
Precedents
Brexit: The UK’s departure from the EU on exit day, ie 31 January 2020, has implications for practitioners considering road traffic accidents. For...
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9th Nov
Practice notes
Brexit: As of exit day (11 pm on 31 January 2020), the UK is no longer an EU Member State. However, in accordance with the Withdrawal Agreement, the...
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9th Nov
Practice notes
Interest on general damagesEntitlementA claimant is entitled to simple interest at a rate the court deems fit.The rateInterest on general damages is...
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9th Nov
Practice notes
NOTE: On 15 July 2019 the Lord Chancellor announced that the discount rate would change to minus 0.25% from the previous level of minus 0.75%. The new...
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9th Nov
Practice notes
Nature of the awardA claimant who is precluded from doing a job they enjoy is entitled to claim loss of congenial employment. This award relates...
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9th Nov
Practice notes
Timing and procedureA claimant can apply for an interim payment order after the end of the period for filing an acknowledgment of service.See Practice...
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Produced in partnership with Andrew Wilson 12th Jan
Practice notes
Pre-action protocol for low value personal injury claims in road traffic accidentsThe protocol applies to all road traffic accident (RTA)...
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9th Nov
Practice notes
The Limitation Act 1980 is referred to as LA 1980.The power to disapply the primary limitation periodWhen dealing with personal injury claims that...
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9th Nov

Most recent Claims involving a fatality content

Practice notes
What can be claimed by the estate under the Law Reform (Miscellaneous Provisions) Act 1934?The Law Reform (Miscellaneous Provisions) Act 1934 (LR(MP)A...
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9th Apr
Practice notes
Causes of actionWhen the victim of a personal injury action has died prior to trial, two distinct claims are possible.A claim can be brought for:•the...
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9th Apr
Practice notes
A limited class of people who were dependent in some way on the deceased (ie dependants) are entitled to bring a claim under the Fatal Accidents Act...
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9th Apr
Practice notes
NOTE: On 15 July 2019, at the conclusion of the first review of the discount rate, the Lord Chancellor announced that the discount rate would change...
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9th Apr
Practice notes
Apportioning damagesAlthough all of the dependants’ claims are brought before the court in a single action, this is done for the sake of...
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9th Apr
Practice notes
Claims for past expenses and losses tend to consist principally of the:•lost financial dependency (see Practice Note: Quantifying damages for...
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9th Apr
Practice notes
Any claim in connection with a fatality will be based on either or both:•the Law Reform (Miscellaneous Provisions) Act 1934 (LR(MP)A 1934), which...
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Produced in partnership with Andrew Wilson 9th Apr
Practice notes
Claims for past expenses and losses tend to consist principally of the:•lost financial dependency•value of the services that the deceased would have...
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9th Apr
Practice notes
Elements of a fatal accident claimThere are two different elements to a fatal accident claim:•the Law Reform (Miscellaneous Provisions) Act 1934...
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9th Apr
Practice notes
Coronavirus (COVID-19): This Practice Note contains guidance impacted by the Coronavirus Act 2020 (CA 2020). CA 2020, among other measures, relaxes...
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Produced in partnership with James Robottom of 7BR 9th Apr
Practice notes
A coroner (or a jury where there is one) is required to make a determination at the end of an inquest of the matters which were ascertained from the...
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Produced in partnership with James Robottom of 7BR 6th Apr
Q&As
What happens when a claimant dies?Where a party to a claim dies but the cause of action survives, the claim does not abate by reason of the death. See...
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18th Mar
Precedents
[IN THE COUNTY COURT AT [insert]ORiN THE HIGH COURT OF JUSTICE][[Specify division]][[Insert location] DISTRICT REGISTRY]Claim...
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5th Mar
Practice notes
IntroductionThis Practice Note explains the applicable law and procedure where a party dies during the course of a personal injury claim or at the...
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Produced in partnership with Jim Duffey of 1 Crown Office Row 3rd Mar
Q&As
CPR 16.2 stipulates the requirements for the claim form.When completing a claim form you must ensure that you provide a ‘concise statement of the...
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15th Feb
Q&As
Who is entitled to administer the intestate wife’s estate?A grant of administration is required where the deceased died intestate. The order of...
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15th Feb
Q&As
Claims for value of servicesIn claims involving a fatality, a claim for past expenses and losses may include the value of the services that the...
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15th Feb
Q&As
A claim under the Law Reform (Miscellaneous Provisions) Act 1934 (LR(MP)A 1934) is a claim on behalf of the estate of the deceased to recover damages...
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15th Feb
Q&As
Claims under the Law Reform (Miscellaneous Provisions) Act 1934 and the Fatal Accidents Act 1976When the victim of a personal injury action has died...
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15th Feb

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