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A Train and Sons Ltd v Fletcher: CA 24 Apr 2008

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

Knauer v Ministry of Justice: SC 24 Feb 2016

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

Stormharbour Securities Llp v Dusek and Others: CA 24 Jun 2016

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

Matthews v Collins (T/A Herbert Collins and Sons) and Others: QBD 4 Oct 2013

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

Ghaidan v Godin-Mendoza: HL 21 Jun 2004

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

Cox v Ergo Versicherung Ag: SC 2 Apr 2014

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

Cookson v Knowles: HL 24 May 1978

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

Edwards v The United Kingdom: ECHR 14 Mar 2002

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

Acts

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

Harland and Wolff Plc Husbands Ltd v Patricia Lillian Mcintyre: CA 28 Mar 2006

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

ATH and another (Executors of the Estate of M, decd) v MS: CA 11 Jun 2002

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

Roerig v Valiant Trawlers Ltd: CA 28 Jan 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

Hunter v Butler: CA 28 Dec 1995

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

Barrett v Ministry of Defence: CA 3 Jan 1995

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

Swift v Secretary of State for Justice: QBD 18 Jul 2012

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

Phillips v Rafiq and Motor Insurers Bureau (MIB): CA 13 Feb 2007

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

Cox v Ergo Versicherung Ag and Another: QBD 28 Oct 2011

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

Micklewright v Surrey County Council: CA 28 Jul 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

Global Sata Fe Drilling (North Sea) Ltd and Others v The Lord Advocate: SCS 27 May 2009

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

Rabone and Another v Pennine Care NHS Trust: CA 21 Jun 2010

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

Devoy v William Doxford and Sons Ltd and Others: QBD 21 Jul 2009

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

Corr v IBC Vehicles Ltd: QBD 28 Apr 2005

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

Office of Government Commerce v Information Commissioner: Admn 11 Apr 2008

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

Welsh Ambulance Services NHS Trust and Another v Williams: CA 15 Feb 2008

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

EH Humphries (Norton) Ltd. Thistle Hotels Plc v Fire Alarm Fabrication Services Ltd: CA 10 Nov 2006

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

Gray v Fire Alarm Fabrication Services Ltd and others: QBD 3 Mar 2006

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

Beesley v New Century Group Ltd: QBD 16 Dec 2008

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

Corbett v Barking Havering and Brentwood Health Authority: CA 1991

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

Wardlaw v Dr Farrar: CA 27 Nov 2003

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

Cachie and Others v Faluyi: CA 27 Jun 2001

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

Phillips v Rafiq and Moror Insurer’s Bureau: QBD 11 May 2006

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

Cape Distribution Ltd v Aine O’Loughlin: CA 8 Feb 2001

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

Cameron and others v Network Rail Infrastructure Ltd: QBD 18 May 2006

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

Cachia and Others v Faluyi: CA 11 Jul 2001

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

Barrett v Ministry of Defence: QBD 3 Jun 1993

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

Thomas v Kwik Save Stores Ltd: CA 27 Jun 2000

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

Greater Manchester Fire and Rescue Service v Veevers: ComC 25 Sep 2020

Judges: His Honour Judge Pearce On Appeal From Deputy District Judge Harris Citations: [2020] EWHC 2550 (Comm) Links: Bailii Statutes: Law Reform Miscellaneous Provisions Act 1934, Fatal Accidents Act 1976 Jurisdiction: England and Wales Personal Injury, Coroners, Costs Updated: 05 May 2022; Ref: scu.657548