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PI Brief Update

Recent Cases on Fatal Accidents Considered - Gordon Exall, Zenith Chambers

08/08/14. Here we review recent cases relating to fatal accidents. (1) Accidents abroad and the scope of the Fatal Accidents Act; (2) Cohabitation, human rights and the Fatal Accidents Act; (3) Valuing a dependency claim; (4) Damages for loss of consortium.

THE SCOPE OF THE FATAL ACCIDENTS ACT : COX –V- ERGO VERSICHERUNG AG

The decision in Cox –v- Ergo Versicherung AG [2014] UKSC 22 is an important one in relation to fatal accident claims where the accident happened abroad. The case was considered twice by the Court of Appeal. Firstly here; secondly here.

THE FACTS

The appellant’s husband was killed in a road traffic accident in Germany. She brought a claim against the German driver in England. The central issue was whether...

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All information on this site was believed to be correct by the relevant authors at the time of writing. All content is for information purposes only and is not intended as legal advice. No liability is accepted by either the publisher or the author(s) for any errors or omissions (whether negligent or not) that it may contain. 

The opinions expressed in the articles are the authors' own, not those of Law Brief Publishing Ltd, and are not necessarily commensurate with general legal or medico-legal expert consensus of opinion and/or literature. Any medical content is not exhaustive but at a level for the non-medical reader to understand. 

Professional advice should always be obtained before applying any information to particular circumstances.

Excerpts from judgments and statutes are Crown copyright. Any Crown Copyright material is reproduced with the permission of the Controller of OPSI and the Queen’s Printer for Scotland under the Open Government Licence.