Reform: The ‘anomalous’ Fatal Accidents Act

Hardwicke Chambers | Personal Injury Law Journal | June 2014 #126
Charles Bagot analyses the consequences of a recent decision ‘The observations of the senior judiciary that the Fatal Accidents Act is anomalous, while being plainly legal rather than political observations, may strike a chord with those in government and the civil service looking to reduce the level of compensation generally.’ This article considers a recent …

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Case Report: Cox v Ergo Versicherung AG [2014] UKSC 22

12 King’s Bench Walk (Chambers of Paul Russell QC) | Personal Injury Law Journal | June 2014 #126
Fatal Accidents Act; jurisdiction; assessment of damages ‘The Supreme Court upheld the decision that the damages rules of the Fatal Accidents Act could not be applied to Mrs Cox’s cause of action under the German Burgerliches Gezetzbuch (BGB).’In this case the Supreme Court considered whether provisions of the Fatal Accidents Act 1976 applied to the …

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Foreign Accidents And Foreign Law: Where are we now?

Old Square Chambers | Personal Injury Law Journal | May 2012 #105
Philip Mead contemplates issues of jurisdiction ‘Case management judges should be astute to identify on the pleadings what the scope of any dispute as to the content of foreign law is, before launching into the need for foreign expert evidence.’ Ever since FBTO Schadeverzekeringen NV v Odenbreit [2007], claimant lawyers have been alert to the …

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