Latest Word On Fatal Accidents

The Court of Appeal has looked at fatal accidents law twice recently making useful observations which can assist our understanding of the proper approach in two tricky areas.

In Rix v Paramount [2021] EWCA Civ 1172, on appeal by a Defendant, the Court revisited the proper approach to quantification in so-called “wealth creator” cases. This is another case where the Courts have had to grapple with where to draw the line between a compensatable loss of dependency based on income earned by a Deceased's entrepreneurial acumen and hard work and a situation where no loss is proven as the dependants have inherited an income generating and/or valuable capital asset not reliant upon the Deceased's continued work. The Court of Appeal dismissed an appeal against the trial judge's determination that in that case. There was a loss of dependency as it was based on an income stream generated by the Deceased's skill and dedication, not an asset which the dependants would inherit.