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Personal injury in the spotlight

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28 January 2022 / Vijay Ganapathy , Walker Syachalinga
Issue: 7964 / Categories: Features , Personal injury
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Vijay Ganapathy & Walker Syachalinga examine some key issues raised in the latest rulings on personal injury
  • The Fatal Accidents Act 1976: calculating dependency claims.
  • Duty of care in competitive sports.
  • Application for interim payments in a case involving multiple defendants.

The last few months have seen the courts ruling on a variety of issues which will provide useful guidance for future cases.

Steve Hill Ltd v Witham (as widow and executrix of the estate of Neil Witham (deceased)) [2021] EWCA Civ 1312, [2021] All ER (D) 21 (Sep) is one of two significant recent Court of Appeal rulings (the other being Paramount Shopfitting Company Ltd v Rix (widow and executrix of the estate of Rix (deceased)) [2021] EWCA Civ 1172, [2021] All ER (D) 07 (Aug)) which have provided some much needed clarity for dependency claims.

Mrs Witham (‘W’) sued the defendant (‘S’) after her husband’s sad death following his diagnosis of mesothelioma caused by asbestos exposure. W and her husband had looked after two foster

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