‘Fatal Accident Claims’

“… In essence, because provision following fatality is entirely a creature of statute the results are arbitrary, often based on hypothesis and an assessment of chance. The cases are fact sensitive and leaves a potential for a great deal of discretion within a range of awards the Court might make. What is more, as long as the Judge stays within a wide range of acceptable calculation the awards are unlikely to be interfered with by a superior court. It is clear that the Supreme Court does not like the current provision for fatal accidents awards: see for example, as the latest manifestation, Cox v Ergo Versicherung AG [2014] UKSC22. What I intend to do is set out some of those areas in which the practitioner can expect a relatively standard result and some areas in respect of which the need for testing of the evidence is all the more important …” (more)

[Jayne Adams QC, Ropewalk Chambers, 19 May]

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