Legal Principle: Overturning the Cookson defect

St John’s Chambers (Chambers of Matthew White) | Personal Injury Law Journal | May 2016 #145
Christopher Sharp QC explains why Knauer v Ministry of Justice marks a fundamental change in claims for future loss of dependency in fatal accident cases ‘The decision in Knauer was not unexpected but it is to be welcomed. It is to be hoped that a similar opportunity to have the Supreme Court review the position …

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Interim Payments: Room for rent

7 Bedford Row | Personal Injury Law Journal | March 2016 #143
Deidre Goodwin analyses Eeles applications and the case for reviewing Roberts v Johnstone ‘The leit motif running through reported Eeles and trial decisions is that Roberts v Johnstone [1989] is an imperfect solution.’Has the time come to reconsider the validity of the apparently immutable Roberts v Johnstone [1989] principle in order to provide a fairer …

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Fatal Accident Claims: The past is a foreign country

St John’s Chambers (Chambers of Matthew White) | Personal Injury Law Journal | July/August 2012 #107
David Regan considers the basis of awards and common pitfalls ‘The Fatal Accidents Act 1976 serves a very important purpose: to protect the rights of dependants who are the secondary victims of torts that have resulted in death.’ The opening line of LP Hartley’s The Go-Between (1953), ‘The past is a foreign country, they do …

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