Inquiry Under The Fatal Accidents and Inquiries (Scotland) Act 1976 Into The Suddendeath of Terence Michael Griffin: ScSf 14 Nov 2013
[2013] ScotSC 107 Bailii Scotland, Coroners Updated: 28 November 2021; Ref: scu.519717
[2013] ScotSC 107 Bailii Scotland, Coroners Updated: 28 November 2021; Ref: scu.519717
[2013] ScotSC 54 Bailii Scotland, Coroners Updated: 19 November 2021; Ref: scu.514408
[2013] ScotSC 15 Bailii Scotland Coroners Updated: 17 November 2021; Ref: scu.513827
The deceased was an off-duty naval airman. The claim was based upon the alleged negligent failure of the defendant to enforce disciplinary regulations against drunkenness so as to protect the deceased against his own known proclivity for alcohol abuse. Held: The Ministry of Defence has no duty to prevent a forces member from the abuse … Continue reading Barrett v Ministry of Defence: CA 3 Jan 1995
Citations: [2011] ScotSC 61 Links: Bailii Jurisdiction: Scotland Coroners Updated: 26 November 2022; Ref: scu.463961
Citations: [2013] ScotSC 70 Links: Bailii Jurisdiction: Scotland Coroners Updated: 20 November 2022; Ref: scu.519280
Citations: [2010] ScotSC 129 Links: Bailii Jurisdiction: Scotland Coroners Updated: 04 November 2022; Ref: scu.464151
Citations: [2010] ScotSC 111 Links: Bailii Scotland, Coroners Updated: 04 November 2022; Ref: scu.464137
Citations: [2010] ScotSC 52 Links: Bailii Jurisdiction: Scotland Coroners Updated: 04 November 2022; Ref: scu.464093
Citations: [2011] ScotSC 183 Links: Bailii Statutes: Fatal Accidents and Sudden Deaths Inquiry (Scotland) Act 1976 Jurisdiction: Scotland Coroners Updated: 04 November 2022; Ref: scu.464050
Citations: [2012] ScotSC 74 Links: Bailii Scotland, Coroners Updated: 04 November 2022; Ref: scu.463944
Citations: [2011] ScotSC 103 Links: Bailii Statutes: Fatal Accidents and Inquiries (Scotland) Act 1976 Scotland, Coroners Updated: 04 November 2022; Ref: scu.463979
Citations: [2012] ScotSC 83 Links: Bailii Jurisdiction: Scotland Scotland Updated: 04 November 2022; Ref: scu.463945
Citations: [2011] ScotSC 83 Links: Bailii Jurisdiction: Scotland Scotland Updated: 04 November 2022; Ref: scu.463974
Citations: [2011] ScotSC 86 Links: Bailii Jurisdiction: Scotland Coroners Updated: 04 November 2022; Ref: scu.463975
Citations: [2012] ScotSC 66 Links: Bailii Jurisdiction: Scotland Coroners Updated: 04 November 2022; Ref: scu.463925
Citations: [2012] ScotSC 35 Links: Bailii Jurisdiction: Scotland Coroners Updated: 04 November 2022; Ref: scu.463898
The MIB appealed from a judgment making it liable for an award of damages to the estate of the deceased who had been a passenger in a vehicle which he knew to be being driven without insurance. The estate had not sued the MIB directly, but first obtained a judgement against the driver and then … Continue reading Phillips v Rafiq and Motor Insurers Bureau (MIB): CA 13 Feb 2007
Citations: [2012] ScotSC 20 Links: Bailii Jurisdiction: Scotland Coroners Updated: 08 September 2022; Ref: scu.463887
Citations: [2012] ScotSC 30 Links: Bailii Jurisdiction: Scotland Coroners Updated: 23 August 2022; Ref: scu.463899
Citations: [2011] ScotSC 118 Links: Bailii Jurisdiction: Scotland Coroners Updated: 18 August 2022; Ref: scu.463997
Citations: [2012] ScotSC 54 Links: Bailii Jurisdiction: Scotland Coroners Updated: 28 July 2022; Ref: scu.463915
Citations: [2012] ScotSC 53 Links: Bailii Jurisdiction: Scotland Coroners Updated: 28 July 2022; Ref: scu.463914
Appeal re award of interest on claim under Fatal Accidents Act.Hooper LJ confessed: ‘I do not understand why chronological years are deducted from the multiplier’. Judges: Sir Mark Potter P, Hooper, Moses LJJ Citations: [2008] EWCA Civ 413, [2008] 4 All ER 699 Links: Bailii Statutes: Fatal Accidents Act 1976 Jurisdiction: England and Wales Citing: … Continue reading A Train and Sons Ltd v Fletcher: CA 24 Apr 2008
The deceased, a maintenance engineer died after falling through a skylight at work. The court considered the respective liabilities of his employer and the landowner. Citations: [2006] EWHC 849 (QB) Links: Bailii Statutes: Fatal Accidents Act 1976 Jurisdiction: England and Wales Citing: Cited – Clay v AJ Crump and Sons Ltd CA 1964 An architect, … Continue reading Gray v Fire Alarm Fabrication Services Ltd and others: QBD 3 Mar 2006
Appeal against apportionment of liability Citations: [2004] EWCA Civ 1629 Links: Bailii Statutes: Fatal Accidents Act 1976 Jurisdiction: England and Wales Personal Injury, Damages Updated: 27 June 2022; Ref: scu.219918
‘Two motorists drive alongside each other on a dual carriageway at speeds approaching twice the speed limit, each determined to be the first to reach the point where the road narrows to a single lane and refusing to give way to the other. As the road begins to narrow, the motorist in the inner lane … Continue reading Wallett and Others v Vickers: QBD 14 Nov 2018
The claimant appealed an award of andpound;1,000 damages for the death of his wife for professional negligence. Doctors had differed as to whether the delay complained of had contributed to the death. Held: It was vital now that medical negligence cases were being conducted in the county court that practice as to experts’ disclosure of … Continue reading Wardlaw v Dr Farrar: CA 27 Nov 2003
Citations: [2002] ScotCS 80 Links: Bailii Statutes: Fatal Accidents and Sudden Deaths Inquiry (Scotland) Act 1976 Jurisdiction: Scotland Coroners Updated: 06 June 2022; Ref: scu.175369
Judges: His Honour Judge David Wilcox Citations: [2003] EWHC 310 (TCC) Links: Bailii Statutes: Fatal Accidents Act 1976, Law Reform Miscellaneous Provisions Act 1934 Jurisdiction: England and Wales Personal Injury Updated: 05 June 2022; Ref: scu.442100
Citations: [2011] ScotSC 71 Links: Bailii Jurisdiction: Scotland Coroners Updated: 30 May 2022; Ref: scu.463967
Citations: [1999] EWCA Civ 712 Statutes: Fatal Accidents Act 1976 Jurisdiction: England and Wales Personal Injury, Damages Updated: 30 May 2022; Ref: scu.145627
The MOD was liable in negligence for an airman’s death due to its breach of duty if regulations were not kept to. Citations: Independent 03-Jun-1993 Statutes: Fatal Accidents Act 1976, Law Reform (Miscellaneous Provisions) Act 1934 Cited by: Appeal from – Barrett v Ministry of Defence CA 3-Jan-1995 The deceased was an off-duty naval airman. … Continue reading Barrett v Ministry of Defence: QBD 3 Jun 1993
A Russian seaman died as the result of a collision in international waters between two foreign registered vessels. His family sought to claim here. Held: The benefit of the Fatal Accidents Acts can, in principle, be claimed by a foreigner. The rule which imposed liability for negligently causing a fatal injury was a universal rule … Continue reading The Esso Malaysia: 1974
The court was asked: ‘whether the current approach to assessing the financial losses suffered by the dependant of a person who is wrongfully killed properly reflects the fundamental principle of full compensation, and if it does not whether we should depart from previous decisions of the House of Lords.’ Held: The correct date as at … Continue reading Knauer v Ministry of Justice: SC 24 Feb 2016
The respondent appealed against a finding that the provision which made a loan agreement completely invalid for lack of compliance with the 1974 Act was itself invalid under the Human Rights Act since it deprived the respondent lender of its property rights. It was also argued that it was not possible to make a declaration … Continue reading Wilson v Secretary of State for Trade and Industry; Wilson v First County Trust Ltd (No 2): HL 10 Jul 2003
The deceased had suffered a head injury whilst working for the defendant. In addition to severe physical consequences he suffered post-traumatic stress, became more and more depressed, and then committed suicide six years later. The claimant appealed against refusal of an award under the 1976 Act. The judge had decided that it was not part … Continue reading Corr v IBC Vehicles Ltd: CA 31 Mar 2006
Citations: [2011] ScotSC 104 Links: Bailii Jurisdiction: Scotland Coroners Updated: 12 April 2022; Ref: scu.463983
Judges: His Honour Judge Harrison Sitting as a Judge of the High Court Citations: [2022] EWHC 455 (QB) Links: Bailii Statutes: Law Reform Miscellaneous Provisions Act 1934, Fatal Accidents Act 1976 Jurisdiction: England and Wales Health Professions, Personal Injury Updated: 05 April 2022; Ref: scu.674531
Application for permission to appeal by StormHarbour against a judgment finding that StormHarbour was liable under the Fatal Accidents Act 1976 and the Law Reform (Miscellaneous Provisions) Act 1934 for the death of its employee, Mr Dusek. The Claimants in the proceedings are Mr Dusek’s widow and children. Mr Dusek died in a helicopter accident … Continue reading Stormharbour Securities Llp v Dusek and Others: CA 24 Jun 2016
The parties had gone through a ceremony of marriage in Columbia, being both women. After the relationship failed, the claimant sought a declaration that the witholding of the recognition of same-sex marriages recoginised in a foreign jurisdiction was an infringement of her human rights. Held: Such a relationship is recognised in England as a civil … Continue reading Wilkinson v Kitzinger and others: FD 31 Jul 2006
The bank challenged measures taken by HM Treasury to restrict access to the United Kingdom’s financial markets by a major Iranian commercial bank, Bank Mellat, on the account of its alleged connection with Iran’s nuclear weapons and ballistic missile programmes. The bank sought to have the direction given under section 7 of the 2008 Act. … Continue reading Bank Mellat v Her Majesty’s Treasury (No 2): SC 19 Jun 2013
[2014] ScotSC 12 Bailii Scotland Coroners Updated: 16 December 2021; Ref: scu.534180
‘whether or not the duty imposed by Regulation 9 is absolute, and does not require the proof of any fault on the part of the employer. Should the adequacy of the training given to an employee be judged by the result in the light of events or should it, as the judge held, be assessed … Continue reading Allison v London Underground Ltd: CA 13 Feb 2008
Collender QC HHJ [2013] EWHC 4088 (QB) Bailii Law Reform (Miscellaneous Provisions) Act 1934, Fatal Accidents Act 1976 England and Wales Professional Negligence, Personal Injury Updated: 27 November 2021; Ref: scu.519229
Application to strike out claim as an abuse of process. The claim was for asbestos related condition leading to the death of the claimant’s husband. The defendants denied liability and causation, saying that he had been a confirmed smoker. The post mortem had found asbestos fibres. The defendants complained that the actions of the claimants … Continue reading Matthews v Collins (T/A Herbert Collins and Sons) and Others: QBD 4 Oct 2013
[2013] ScotSC 52 Bailii Fatal Accidents and Inquiries (Scotland) Act 1976 Scotland, Coroners Updated: 19 November 2021; Ref: scu.514407
[2013] ScotSC 41 Bailii Jury Updated: 17 November 2021; Ref: scu.513849
[2013] ScotSC 30 Bailii The Fatal Accidents and Inquiries (Scotland) Act 1976 Coroners, Scotland Updated: 17 November 2021; Ref: scu.513843
[2012] ScotSC 113 Bailii Jury Updated: 17 November 2021; Ref: scu.513856
Death by drowning of coach passenger after it plunged through bridge parapet into river. Sheriff Nikola C Stewar [2013] ScotSC 38 Bailii Fatal Accidents and Sudden Deaths Inquiry (Scotland) Act 1976 Scotland, Coroners Updated: 17 November 2021; Ref: scu.513847
[2013] ScotSC 24 Bailii Jury Updated: 17 November 2021; Ref: scu.513826
The claimants sought to bring an action for damages after a family member suspected of dealing drugs, was shot by the police. At the time he was naked. The police officer had been acquitted by a criminal court of murder. The chief constable now appealed a finding that he might nevertheless be liable in a … Continue reading Ashley and Another v Chief Constable of Sussex Police: HL 23 Apr 2008
Same Sex Partner Entitled to tenancy Succession The protected tenant had died. His same-sex partner sought a statutory inheritance of the tenancy. Held: His appeal succeeded. The Fitzpatrick case referred to the position before the 1998 Act: ‘Discriminatory law undermines the rule of law because it is the antithesis of fairness. It brings the law … Continue reading Ghaidan v Godin-Mendoza: HL 21 Jun 2004
The claimant widow sued in negligence after the disappearance overboard of her husband from the respondent’s ship. The court had found insufficient evidence to establish the cause of death, either as to negligence as suggested by the claimant, or as to suicide as suggested by the defendant. Held: The evidence for suicide was sufficient. Longmore, … Continue reading Braganza v BP Shipping Ltd and Others: CA 22 Mar 2013
The deceased army officer serving in Germany died while cycling when hit by a driver insured under German law. His widow, the claimant, being domiciled in England brought her action here, claiming for bereavement and loss of dependency. The Court was asked whether German or UK law applied to the assessment of the damages. Held: … Continue reading Cox v Ergo Versicherung Ag: SC 2 Apr 2014
The House described the approach to the calculation of damages for a dependency under the Fatal Accidents Acts. Held: The multipliers in Fatal Accidents Act cases should be calculated from the date of death. Sections 3 and 4 mark a departure from the ordinary principles of assessment in English law, which can fairly be described … Continue reading Cookson v Knowles: HL 24 May 1978
The deceased, a young man of mixed race, had been placed in a cell with another prisoner who was known to be violent, racist, and mentally unstable. The staff knew that the panic button was defective. The deceased was murdered by his cell-mate. His family asserted that the prison authorities had failed to protect his … Continue reading Edwards v The United Kingdom: ECHR 14 Mar 2002
. .
. .
The claimant appealed against refusal of a declaration that the 1976 Act infringed her human rights. She had been cohabiting for six months, when her partner was killed in an accident at work for which a third party was liable. Because she had not . .
1267 – 1278 – 1285 – 1297 – 1361 – 1449 – 1491 – 1533 – 1677 – 1688 – 1689 – 1700 – 1706 – 1710 – 1730 – 1737 – 1738 – 1751 – 1774 – 1792 – 1793 – 1804 – 1814 – 1819 – 1824 – 1828 – 1831 – 1832 … Continue reading Acts
The claimant sought damages after her husband’s death. The defendant sought to deduct from any damages payable, the payments made from its Employee Benefit Trust. Held: The payments were to be disregarded. The payments accrued to the claimant not through her late husband’s estate but directly through the trust. The claim was made through the … Continue reading Arnup v MW White Ltd: CA 7 May 2008
A divorced, but reconciled wife was capable of being considered a dependant of the husband, despite the intervening failed marriage. Citations: Ind Summary 31-Jul-1995, Times 15-Jun-1995 Statutes: Fatal Accidents Act 1976 1 (3)(a) Jurisdiction: England and Wales Personal Injury, Damages Updated: 21 January 2023; Ref: scu.89219
There could be no Fatal Accidents Acts damages for a loss of ‘moonlighting’ earnings dependency. Citations: Independent 02-Jan-1996, Times 28-Dec-1995, [1996] RTR 396 Statutes: Fatal Accidents Act 1976 Jurisdiction: England and Wales Cited by: Cited – Hewison v Meridian Shipping Services Pte Ltd, Coflexip Stena Offshore Ltd, Flex Installer Offshore Ltd QBD 30-Nov-2001 The applicant … Continue reading Hunter v Butler: CA 28 Dec 1995
Dependency of claimant Citations: [2005] EWCA Civ 221, [2005] 2 FLR 51 Links: Bailii Statutes: Fatal Accidents Act 1976 Jurisdiction: England and Wales Personal Injury, Family Updated: 01 December 2022; Ref: scu.223323
Judges: Stadlen J Citations: [2009] EWHC 75 (Admin) Links: Bailii Statutes: Law Reform (Miscellaneous) Provisions Act 1934, Fatal Accidents Act 1976 Jurisdiction: England and Wales Personal Injury, Damages Updated: 14 November 2022; Ref: scu.280423
The Court considered a dependency claim by a person who had cohabited with the deceased for 6 months prior to death. The claim was for a declaration of incompatibility in relation to the 2 year + cohabitee provision in s.1 of the FAA which, the claimant said, discriminated against her and violated her rights under … Continue reading Swift v Secretary of State for Justice: QBD 18 Jul 2012
The deceased died in a road traffic accident whilst serving in the Armed forces in Germany. The driver was insured under German law. The widow now claimed damages in England. She had entered a new relationship. Held: The object of section 844 of the German regulations was to restore the claimant to the financial position … Continue reading Cox v Ergo Versicherung Ag and Another: QBD 28 Oct 2011
A branch overhanging the road, fell off causing a death. His PR claimed damages, but failed in the County Court. The death of an individual killed by a branch falling from a tree overhanging the highway was not attributable to the negligence of the local authority. The judge found that extensive internal decay was a … Continue reading Micklewright v Surrey County Council: CA 28 Jul 2011
Appeal against award of expenses at fatal accident enquiry. Judges: Lord President, Lord Reed, Lord Marnoch Citations: [2009] ScotCS CSIH – 43, 2009 GWD 22-355, 2009 SLT 597 Links: Bailii Statutes: Fatal Accidents and Sudden Deaths Inquiry (Scotland) Act 1976 Jurisdiction: Scotland Costs Updated: 01 September 2022; Ref: scu.346592
Judges: Lord Justice Buxton Lord Justice Lloyd Lord Justice Richards Citations: [2006] EWCA Civ 287 Links: Bailii Statutes: Fatal Accidents Act 1976 4 Jurisdiction: England and Wales Citing: Cited – Wood v Bentall Simplex Ltd CA 1992 No aspect of the law of damages has been found in practice to be more dependent on the … Continue reading Harland and Wolff Plc Husbands Ltd v Patricia Lillian Mcintyre: CA 28 Mar 2006
Death of passenger falling from ferry and drowning. Judges: Forbes J Citations: [2005] EWHC 420 (QB) Links: Bailii Statutes: Fatal Accidents Act 1976, Law Reform (Miscellaneous Provisions) Act 1934 Jurisdiction: England and Wales Personal Injury Updated: 22 August 2022; Ref: scu.224549
Ships collided at sea. The negligent crew were aboard the British ship. A crew member on the Norwegian ship died in the collision, and his family sued here. Held: The family had a right of action against the defendant owners of the British ship. The existence of a cause of action in favour of dependants … Continue reading Davidsson v Hill: CA 1901
The claimant’s daughter had committed suicide after being given home leave on a secure ward by the respondent mental hospital. A claim in negligence had been settled, but the parents now appealed refusal of their claim that the hospital had failed in its article 2 duty to respect her right to life. Held: The decision … Continue reading Rabone and Another v Pennine Care NHS Trust: CA 21 Jun 2010
Claim on behalf of the estate of her late husband, Alexander Devoy, under the Law Reform (Miscellaneous Provisions) Act, 1934, and on her own behalf as the dependant of the deceased under the Fatal Accidents Act, 1976, for damages arising from his death. Judges: His Honour Judge Reddihough Citations: [2009] EWHC 1598 (QB) Links: Bailii … Continue reading Devoy v William Doxford and Sons Ltd and Others: QBD 21 Jul 2009
The claimant’s husband had been employed by the defendant and had suffered severe head injuries because of malfunctioning machinery. He suffered post-traumatic stress disorder and that led to depression. He ultimately committed suicide. His widow claimed against the employers for loss attributable to her husband’s death by suicide. Held: The claim was dismissed. It was … Continue reading Corr v IBC Vehicles Ltd: QBD 28 Apr 2005
Judges: Anthony Thornton QC J Citations: [2010] EWHC 2004 (QB) Links: Bailii Statutes: Law Reform (Miscellaneous Provisions) Act 1934, Fatal Accidents Act 1976 Jurisdiction: England and Wales Personal Injury Updated: 18 July 2022; Ref: scu.421377
Statutory appeal by the Office of Government Commerce (the OGC) against two decisions of the Information Tribunal relating to gateway reviews carried out by the OGC of the Government’s identity card programme. Judges: Stanley Burnton J Citations: [2008] EWHC 774 (Admin), [2008] ACD 54, [2009] 3 WLR 627, [2010] QB 98 Links: Bailii Jurisdiction: England … Continue reading Office of Government Commerce v Information Commissioner: Admn 11 Apr 2008
Citations: [2007] EWHC 601 (QB) Links: Bailii Statutes: Law Reform (Miscellaneous Provisions) Act 1934, Fatal Accidents Act 1976 Jurisdiction: England and Wales Personal Injury Updated: 14 July 2022; Ref: scu.251480
The court considered the essential philosophy underwriting the 1976 Act. Smith LJ said: ‘nothing that a dependant (or for that matter anyone else) could do after death could either increase or decrease the dependency. The dependency is fixed at the moment of death; it is what the dependants would probably have received as benefit from … Continue reading Welsh Ambulance Services NHS Trust and Another v Williams: CA 15 Feb 2008
The court considered the interaction of the 1934 and 1976 Acts. Citations: [2007] EWHC 1875 (QB) Links: Bailii Statutes: Fatal Accidents Acts 1976, Law Reform (Miscellaneous Provisions) Act 1934 Jurisdiction: England and Wales Personal Injury, Damages Updated: 13 July 2022; Ref: scu.261911
Judges: Swift J DBE Citations: [2008] EWHC 1708 (QB) Links: Bailii Statutes: Law Reform (Miscellaneous Provisions) Act 1934, Fatal Accidents Act 1976 Jurisdiction: England and Wales Personal Injury Updated: 10 July 2022; Ref: scu.272260
The sub-contractor’s workman fell through a skylight and died. His employers having settled, obtained contribution orders from the main contractors and building owners who each now appealed. Held: Whether main contractors were also liable to an injured workman was a mixed question of fact and law. The main contractors were in this case not liable. … Continue reading EH Humphries (Norton) Ltd. Thistle Hotels Plc v Fire Alarm Fabrication Services Ltd: CA 10 Nov 2006
Judges: Otton, Keene, LJJ, Maurice Kay J Citations: [2000] EWCA Civ 360, [2001] PIQR P22, [2001] 2 WLR 982, [2001] QB 698 Links: Bailii Statutes: Fatal Accidents Act 1976 Jurisdiction: England and Wales Personal Injury Updated: 08 July 2022; Ref: scu.245797
The court considered the quantification of damages after a successful claim by the estate of a man who had died from mesothelioma. Judges: Hamblen J Citations: [2008] EWHC 3033 (QB) Links: Bailii Statutes: Law Reform (Miscellaneous Provisions) Act 1934, Fatal Accidents Act 1976 Jurisdiction: England and Wales Personal Injury, Damages Updated: 30 June 2022; Ref: … Continue reading Beesley v New Century Group Ltd: QBD 16 Dec 2008
Judges: Stewart J Citations: [2019] EWHC 548 (QB) Links: Bailii Statutes: Law Reform (Miscellaneous Provisions) Act 1934, Fatal Accidents Act 1976 Jurisdiction: England and Wales Professional Negligence Updated: 14 June 2022; Ref: scu.634340
The Claimant was a child who would have been dependant on his deceased young mother only until adulthood. When the trial took place the infant Plaintiff was 11.5 with a dependency until the age of 18. As the multiplier calculated as at the date of death was 12 there was only one half of a … Continue reading Corbett v Barking Havering and Brentwood Health Authority: CA 1991
The mother was tortiously killed, the father was no longer on the scene, and an aunt had to give up work to look after the three children. Held: There were two heads of claim; the ‘disbursement dependency’, representing the mother’s financial contribution to the family in the form of a proportion of her wages; and … Continue reading Cresswell v Eaton: 1991
The claimants were the children of the deceased, seeking damages following the death of their mother. At the time of the death they were not living with their father but moved to live with him after the death. They claimed damages for the services provided by the father and his new wife. Held: The new … Continue reading ATH and another (Executors of the Estate of M, decd) v MS: CA 11 Jun 2002
The claimant who was Dutch, was a widow of a fisherman who had died at sea. The question on appeal was ‘in assessing damages for loss of dependency should benefits resulting from the loss be deducted from the damages?’ The claimant’s position under Dutch law was different, with all benefits deducted from any compensation awarded. … Continue reading Roerig v Valiant Trawlers Ltd: CA 28 Jan 2002
The claimant appealed against an order striking out his claim, though it raised a novel point under the 1976 Act. Did section 2(3) of the Act, providing: ‘Not more than one action shall lie for and in respect of the same subject-matter of complaint.’, mean that if a writ was issued in a Fatal Accidents … Continue reading Cachie and Others v Faluyi: CA 27 Jun 2001
The deceased had been a passenger in a car. He had known the driver was not insured. The estate claimed first damages from the first defendant driver, and only then to enforce the judgment against the second defendant. Held: The MIB was accountable for the judgment. Seymour J considered how the Agreement under which the … Continue reading Phillips v Rafiq and Moror Insurer’s Bureau: QBD 11 May 2006
The company appealed the calculation of an award of damages to the respondent following the death of her husband, a former employee. The deceased had operated a company in Ireland as a property developer. The company alleged that the earnings were not directly dependent upon his input, but upon capital and otherwise. Held: Such assessments … Continue reading Cape Distribution Ltd v Aine O’Loughlin: CA 8 Feb 2001
The claimant sought damages from the defendant after the death of her father in the Potters Bar rail crash. The defendant applied for summary judgment saying that English law did not recognise a claim by a family member of a deceased save through the claim of the estate itself. The claimant said that this would … Continue reading Cameron and others v Network Rail Infrastructure Ltd: QBD 18 May 2006
The words of the section had to be construed so as to make it compatible with the human rights convention. Accordingly the term ‘action’ in the Act was to be interpreted to mean an action where a writ was served. Children whose mother had been killed, had the human right to claim compensation for their … Continue reading Cachia and Others v Faluyi: CA 11 Jul 2001
Judges: Kirsty Brimelow QC (Sitting as a Deputy High Court Judge) Citations: [2022] EWHC 934 (QB) Links: Bailii Statutes: Fatal Accidents Act 1976 Jurisdiction: England and Wales Personal Injury Updated: 15 May 2022; Ref: scu.676351
In each case, the deceased, died as a result of the defendants’ negligence. The parents claimed damages for themselves as dependants under the 1976 Act, and for the estate under the 1934 Act. The claims under the 1976 Act were held to have been extinguished by the awards under the 1934 Act. Each award included … Continue reading Gammell v Wilson; Furness v Massey: HL 1982
When assessing damages under the Act, the court’s job was limited to that of calculating financial dependency. The deceased had provided, as his wife, housekeeping services to the claimant, but she had been in poor and diminishing health. There was no way in reality of predicting whether she could have continued to provide those services … Continue reading Thomas v Kwik Save Stores Ltd: CA 27 Jun 2000
In a claim for damages under the Act, the dependency of a carer receiving benefits for the giving of the care might be allowed for. Benefits were treated differently according to their nature. If there was a genuine loss, then the fact that the loss was of benefits was not material. Citations: Times 17-Jun-1999, Gazette … Continue reading Cox v Hockenhull: CA 17 Jun 1999