Fatal Accident Act Claims. Part 1 – care claims

Emily Formby QC and Romilly Cummerson discuss damages in fatal accident claims over three episodes of Civil Law Cast.  This first episode focusses particularly on care claims.  There are two updates to make to this episode.  Firstly, the Fatal Accidents Act 1976 (Remedial) Order 2020 laid before Parliament on 8 May 2019 came into effect on 6 October 2020 expanding bereavement damages to include those who are cohabitees of 2 years plus – resolving the declaration of incompatibility arising from Smith v Lancashire Teaching Hospitals NHS Foundation Trust [2017] EWCA Civ 1916.   Secondly, Witham v Steve Hill Ltd [2020] EWHC 299 (QB) has been granted permission to appeal, the appeal is provisionally listed for 6/7 July 2021.