Case Comment: Knauer (Widower and Administrator of the Estate of Sally Ann Knauer) v Ministry of Justice  UKSC 9
26 Thursday May 2016
An issue that has been repeatedly highlighted in fatal accident cases is whether damages should be calculated from the date of the victim’s death or the date of trial. This question was recently addressed by the Supreme Court in the case of Knauer v Minstry of Justice.
For over thirty years, personal injury practitioners have been using the date of death as the starting point following the precedent set by the case of Cookson v Knowles  AC 556. In Knauer, Lord Neuberger and Baroness Hale explored the various injustices of this approach, culminating in the Supreme Court unanimously overturning the Cookson decision, ruling (in favour of the claimant) that the date from which damages should be assessed should be the date of trial. Continue reading »