Cookson v Knowles [1978] UKHL 3 – Law Journals

Periodical Payments And Lump Sums: A lifetime commitment

Jennifer Stone, Nick Leech, Andrew Sands and Nick Martin reflect on the implications of the change in the discount rate ‘An investor placing capital into ILGs and holding the investment until the redemption date (date of maturity) is at today’s prices guaranteed to have less purchasing power with that money than they had at the …

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Legal Principle: Overturning the Cookson defect

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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Case Law: New grounds

Stephanie Prior reviews recent changes in personal injury and clinical negligence litigation ‘Montgomery is a move away from the test of a reasonable doctor and that of a reasonable patient.’ It has been an exciting period in the litigation world over the last year or so. This article will touch upon some of those changes …

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Reform: The ‘anomalous’ Fatal Accidents Act

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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Fatal Accident Claims: Multiple negligent acts

Anna Macey explores the potentially wide ranging effects of the recent Court of Appeal decision in Haxton v Philips Electronics Ltd ‘Elias LJ held there was nothing in the Fatal Accidents Act or subsequent case law which suggested any reason to distinguish this particular chose in action from any other.’ In this unusual case the …

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Fatal Accident Claims: The past is a foreign country

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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Life Changes: Turning the tables

Simon Readhead QC explores what’s new in Ogden 7 ‘The use of updated mortality tables results in an increase in life expectancies for both males and females for all ages up to 96 for males and 98 for females. In some cases the increases are very significant.’ The new edition of the Ogden Tables (Ogden …

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