Fatal Accident Act Apportionment – a pragmatic solution to an unusual problem? – 12 King’s Bench Walk

Posted February 21st, 2020 in accidents, apportionment, bereavement, chambers articles, children, damages, families, news by sally

‘The decision of Master Cook in ARN v Ageas Insurance Ltd (27/1/2020), when approving a Fatal Accident Act settlement involving four children, provides a novel and pragmatic solution to a difficult apportionment problem. A single mother was killed in a road traffic accident, leaving four young children. The children were the deceased’s only dependants and their claim was settled for a substantial lump sum.’

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12 King's Bench Walk, 13th February 2020

Source: www.12kbw.co.uk

Sarah Witham (as Executrix of the Estate of Neil Witham, deceased) v Steve Hill Ltd. What counts as a dependency under the 1976 Act and how should you value it? – 12 King’s Bench Walk

‘Neil Witham died at the age of 55 from mesothelioma leaving behind his wife (the Claimant) and his two foster children. At the heart of the dispute between the parties in this case was the width and breadth of the Fatal Accidents Act 1976 and the proper method to quantify the dependency if it fell within the scope of the Act.’

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12 King's Bench Walk, 14th February 2020

Source: www.12kbw.co.uk

Review launched into East Kent NHS trust after baby deaths – The Guardian

‘The government has announced an independent review into maternity services at an NHS trust where a number of babies have died.’

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The Guardian, 13th February 2020

Source: www.theguardian.com

7/7 survivor Thelma Stober to lead Grenfell memorial commission – The Guardian

Posted February 14th, 2020 in accidents, bereavement, fire, monuments, news, victims by sally

‘A survivor of the 7/7 terror attacks is to lead plans for a memorial commemorating the victims of the Grenfell Tower fire. Thelma Stober, a lawyer badly injured in the 2005 attack at Aldgate, will co-chair a commission to try to decide how to remember the 72 people killed by the fire at the west London tower block.’

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The Guardian, 14th February 2020

Source: www.theguardian.com

MoJ rules out any major changes to bereavement damages system – Law Society’s Gazette

Posted February 13th, 2020 in accidents, bereavement, damages, news, personal injuries by tracey

‘The government has confirmed it has no plans to look more widely at the system for awarding bereavement damages to relatives.’

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Law Society's Gazette, 13th February 2020

Source: www.lawgazette.co.uk

Family of UK man who died in police custody criticises watchdog – The Guardian

‘The family of a man who died in custody last month has criticised the police watchdog for failing to recommend the suspension of officers being investigated over the circumstances of his death.’

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The Guardian, 11th February 2020

Source: www.theguardian.com

Case Preview: R (Maughan) v Her Majesty’s Senior Coroner for Oxfordshire – UKSC Blog

‘This case concerns the standard of proof applicable in inquest proceedings in cases of alleged suicide. It raises important and fundamental questions concerning the conduct of inquests, and will be of particular significance to bereaved families where the deceased is alleged to have committed suicide while in the care or custody of the state. The Supreme Court may also consider the position in relation to findings of unlawful killing.’

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UKSC Blog, 7th February 2020

Source: ukscblog.com

Bereavement payments for co-habiting couples urged – BBC News

Posted February 10th, 2020 in benefits, bereavement, children, cohabitation, equality, news by sally

‘A landmark legal case has found denying bereavement payments to co-habiting couples is against human rights law.’

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BBC News, 7th February 2020

Source: www.bbc.co.uk

Grenfell Tower inquiry backs protection for refurbishment firms giving evidence – BBC News

‘The chairman of the Grenfell Tower inquiry has backed a request from firms that refurbished the building that evidence they give should not be used against them in criminal prosecutions.’

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BBC News, 7th February 2020

Source: www.bbc.co.uk

Helen McCourt killer’s release confirmed as mother loses legal bid – The Guardian

Posted February 6th, 2020 in bereavement, bills, disclosure, families, murder, news, parole, victims by sally

‘The killer of Helen McCourt is due to be freed from prison next week despite never revealing where he hid her remains.’

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The Guardian, 5th February 2020

Source: www.theguardian.com

Inquest finds use of Taser by Devon and Cornwall Police contributed to death of Marc Cole when experiencing paranoia – Garden Court Chambers

‘The inquest into the death of Marc Anthony Cole has concluded with the jury finding he died from excess use of cocaine resulting in paranoid and erratic behaviour, with the use of a Taser by Devon and Cornwall Police having a more than trivial impact on Marc going into cardiac arrest. The medical cause of death included the use of cocaine, an episode of altered behaviour including self-harm, excitement, exertion and restraint including the discharge of a TASER X26 device.’

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Garden Court Chambers, 30th January 2020

Source: www.gardencourtchambers.co.uk

Helen McCourt murderer Ian Simms to be released imminently – BBC News

Posted February 5th, 2020 in bereavement, bills, disclosure, families, murder, news, parole by tracey

‘A man jailed over the murder of a 22-year-old woman is due to be freed from prison imminently despite never revealing where he hid her remains.’

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BBC News, 4th February 2020

Source: www.bbc.co.uk

People who worked on Grenfell Tower ‘could face life sentences’ – The Guardian

‘People who worked on the Grenfell Tower refurbishment could face the threat of being jailed for life, their lawyers have said, with witnesses interviewed by police believing they could be charged with manslaughter.’

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The Guardian, 30th January 2020

Source: www.theguardian.com

How do you balance the prejudice between parties when one party could be left with an undefendable claim? – Parklane Plowden

‘HHJ Freedman, the Designated Civil Judge in Newcastle, had to grapple with this in the case of Mitchell v Precis 548 Ltd [2019] EWHC 3314 (QB). HHJ Freedman had to decide whether to accede to the request of a First Defendant in the proceedings as to whether to vacate a trial 2 days before it was due to start.’

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Parklane Plowden, 24th January 2020

Source: www.parklaneplowden.co.uk

Grenfell victims face eight-year wait for justice over inferno that killed 72 – Daily Telegraph

Posted January 6th, 2020 in accidents, bereavement, delay, emergency services, families, fire, inquiries, news, victims by sally

‘The families of Grenfell victims could be forced to wait at least eight years after the tragedy to discover if anybody will ever be charged over 72 deaths.’

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Daily Telegraph, 4th January 2020

Source: www.telegraph.co.uk

Guildford pub bomb inquest family ‘never going to get justice’ – BBC News

‘A woman who lost her soldier sister in the Guildford pub bombings has said her family are “never going to get justice” even though the inquest has resumed.’

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BBC News, 18th December 2019

Source: www.bbc.co.uk

Murder victim Andre Aderemi’s mum ‘outraged’ at killer’s Snapchat video – BBC News

Posted December 18th, 2019 in bereavement, families, murder, news, prisons, telecommunications, victims, video recordings by sally

‘A convicted murderer will be “disciplined” after posting a Snapchat video of himself in prison appearing to “mock” the family of the person he stabbed to death.’

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BBC News, 18th December 2019

Source: www.bbc.co.uk

Helen McCourt: Release of killer Ian Simms to be reviewed – BBC News

Posted December 11th, 2019 in bereavement, bills, early release, families, murder, news, parole, victims by tracey

‘A decision to sanction the release of the man who murdered Helen McCourt is to be reviewed by the parole board.’

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BBC News, 10th December 2019

Source: www.bbc.co.uk

Family of murdered autistic man attack coroner’s refusal to hold ‘full and fearless’ inquest – Daily Telegraph

‘A coroner has been criticised for refusing to hold a “full and fearless” inquest into murder of autistic man killed by a dangerous criminal just out of prison on licence.’

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Daily Telegraph, 4th December 2019

Source: www.telegraph.co.uk

Speeding motorcyclist who killed pedestrian spared jail because he was being tailgated – Daily Telegraph

Posted December 3rd, 2019 in accidents, bereavement, dangerous driving, news, road safety, road traffic by tracey

‘A motorcyclist who killed a pedestrian while speeding escaped jail after a judge accepted that a tailgating motorist meant he could not slow down.’

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Daily Telegraph, 2nd December 2019

Source: www.telegraph.co.uk