INTRODUCTION
Keating (Birtles) v Abdisalan and Aviva [2025] EWHC 1926 (KB) was a decision of HHJ Bird (sitting as a judge of the High Court) in a strikeout application involving novel issues in the context of a fatal RTA. The application considered the limits of the principle in Haxton v Phillips Electronics [2014] EWCA Civ 4 and, most pertinently, the question of whether, where two people who are mutually dependent suffer fatal injuries in the same accident, the estate of the person who dies later is able to bring a claim under the common law for the diminution in the value of the Fatal Accidents Act 1976 (‘FAA’) claim that person would have been able to bring had their life expectancy not been reduced as a result of the accident … (more)
[Isaac Hogarth, 12KBW Personal Injury Law Blog, 19 August 2025]
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