FATAL ACCIDENT DAMAGES CONSIDERED: BLAKE -v- MAD MAX LIMITED
Zenith PI: PERSONAL INJURY LITIGATION IN PRACTICE In Blake v Mad Max Ltd [2018] EWHC 2134 (QB) Peter Marquand (sitting as a High Court Judge) considered several disputed aspects of damages in a fatal claim. The judgment provides a useful guide to general damages in mesothelioma cases, it confirms the view that damages cannot be awarded for a “wake” and provides a useful guide to some issues that are often disputed. THE CASE Mr Blake died from mesothelioma at the age of 61. His widow brought an action. Liability was agreed, the judge had to decide a number of disputed issues relating to damages. DAMAGES FOR PAIN SUFFERING AND LOSS OF AMENITY The judge was presented with a number of cases. He concluded that the correct award was…
KNAUER -v- MOJ: FATAL ACCIDENTS & MULTIPLIERS IN THE SUPREME COURT: DECISION PENDING
The issue of the date when the multiplier should run from has been considered by the Supreme Court on the 28th January 2016 in Knaur -v- the MOJ. This is a case that, undoubtedly, is going to feature again on the blog. THE MULTIPLIER The question of the date from which the multiplier should be calculated is one that is hardly likely to give rise to general acceptance. Current practice is that the multiplier in fatal claims runs from the date of death. This compares to personal injury actions when the multiplier is assessed from the date of trial. The differences can be important. In the Knauer case this led to a difference in the sum of £50,000. The question was whether the Supreme Court should adopt the …