Claims involving a fatality

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Practice notes
Psychiatric injury—primary victimsDefining the primary victimA primary victim is a claimant who was directly involved as a participant in the incident...
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19th May
Practice notes
The employer’s duty of careOverriding dutiesAt common law, an employer is under a duty to take reasonable care of the health and safety of its...
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19th May
Practice notes
CRU certificates—recoverable benefits and lump sum paymentsSeparate legislation covers the recovery of NHS charges. For guidance on requesting and...
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19th May
Practice notes
Duty of care and breach in clinical negligence claimsThe duty of careA medical practitioner owes a duty of care to their patient. This duty is to take...
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Produced in partnership with Andrew Ritchie QC of 9 Gough Chambers 19th May
Practice notes
Product liability—claims in negligenceThe duty of careThe general principles of negligence apply, namely that the claimant has to establish that the...
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19th May
Practice notes
Untraced drivers and the role of the MIB—for accidents occurring on or after 1 March 2017NOTE: For accidents after 1 March 2017 the Motor Insurers'...
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19th May
Practice notes
Liability under the Animals Act 1971—all other animalsAll animals except those that belong to a dangerous species (all non-dangerous animals) are...
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19th May
Practice notes
Drafting schedules of loss in PI and clinical negligence claimsNOTE: On 15 July 2019, at the conclusion of the first review of the discount rate, the...
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Produced in partnership with Louise Thomson 19th May
Practice notes
Quantifying damages for the estate under the Law Reform ActWhat can be claimed by the estate under the Law Reform (Miscellaneous Provisions) Act...
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19th May
Precedents
[IN THE COUNTY COURT AT [INSERT]ORIN THE HIGH COURT OF JUSTICE][[SPECIFY DIVISION]][[INSERT LOCATION] DISTRICT REGISTRY]Claim No:Between[Insert...
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19th May
Practice notes
Damages in clinical negligence claimsNOTE: On 15 July 2019, at the conclusion of the first review of the discount rate, the Lord Chancellor announced...
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Produced in partnership with Renée Wood 19th May
Practice notes
Psychiatric injury—secondary victimsWhat is a secondary victim?A primary victim is a claimant who was directly involved as a participant in the...
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Produced in partnership with Andrew Wilson 19th May
Practice notes
Drafting counter schedules of loss in PI and clinical negligence claimsNOTE: On 15 July 2019, at the conclusion of the first review of the discount...
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Produced in partnership with Louise Thomson 19th May
Practice notes
Applying for an interim payment order in personal injury claimsTiming and procedureA claimant can apply for an interim payment order after the end of...
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Produced in partnership with Andrew Wilson 19th May
Practice notes
Military claimsBackgroundIt is helpful to put the law relating to military claims into historical context.Until 1987, section 10 of the Crown...
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19th May
Practice notes
Loss of pension—personal injury claimsNOTE: On 15 July 2019, at the conclusion of the first review of the discount rate, the Lord Chancellor announced...
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19th May

Most recent Claims involving a fatality content

Q&As
A personal injury award, subject to appeal post injured person’s death, has been made. What approach should be taken in valuing the award for...
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1st Aug
Q&As
Following the death of wife intestate, the husband starts or continues a clinical negligence claim on her behalf. The husband has now died. Who should...
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1st Aug
Q&As
If the deceased died intestate and a claim was commenced prior to administration'>letters of administration, should a new conditional fee agreement...
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1st Aug
Q&As
When acting on a fatal claim and the deceased died intestate, do you need to obtain administration'>letters of administration to accept or make a Part...
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1st Aug
Q&As
How can a conditional fee arrangement be adopted from a litigation friend to a personal representative?Conditional fee arrangementsA conditional fee...
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31st Jul
Q&As
In a fatal claim where the claim is brought by the personal representative of the deceased's estate, do you need to include a copy of the grant of...
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Produced in partnership with Jamie Gamble of No5 Barristers Chambers 31st Jul
Q&As
When calculating heads of loss following the death of a spouse can additional childcare costs and/or the loss of income from a business be claimed...
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Produced in partnership with David Peter of Devereux Chambers 31st Jul
Q&As
When acting for a parent in a fatal accident claim for the death of their adult child, can the parent claim for loss of board/lodgings which the adult...
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31st Jul
Q&As
Is there any case law that a claim for loss of services can be brought in respect of services that had not previously been provided, but that might...
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31st Jul
Q&As
Where a claim begins in the portal and the claimant subsequently dies and personal representatives are appointed does the claim stay in the portal? Do...
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31st Jul
Practice notes
Quantifying damages for the estate under the Law Reform ActWhat can be claimed by the estate under the Law Reform (Miscellaneous Provisions) Act...
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31st Jul
Practice notes
Quantifying damages for dependants—future lossesNOTE: On 15 July 2019, at the conclusion of the first review of the discount rate, the Lord Chancellor...
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31st Jul
Practice notes
Quantifying damages for dependants—apportioning damages and disregarding financial or other benefitsApportioning damagesAlthough all of the...
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31st Jul
Practice notes
Quantifying damages for dependants—past losses—financial dependencyClaims for past expenses and losses tend to consist principally of the:•lost...
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31st Jul
Practice notes
Establishing liability under the Fatal Accidents Act 1976A limited class of people who were dependent in some way on the deceased (ie dependants) are...
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31st Jul
Q&As
When calculating a dependency claim, can you extend the period of the dependency on the basis that the claimant intended to have another child with...
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31st Jul
Q&As
Is there recent judicial guidance on the damages awarded in a fatal accident claim where the spouse of the deceased has had to give up work to look...
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31st Jul
Q&As
Can each child in a fatal claim have a separate litigation friend?A formal litigation friend only becomes necessary if a child is a party to issued...
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Produced in partnership with Jamie Gamble of No5 Barristers Chambers 31st Jul
Q&As
Is a conditional fee agreement entered into before the Grant of Probate is obtained invalid?Powers of an executor before the grant of probate is...
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31st Jul

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