Gordon Exall looks at the lessons that practitioners undertaking fatal accident cases can learn from the recent professional negligence case of Amin –v- Imran Khan.
Zahid Mubarek was 19 years old when he was killed on the 28th March 2000 – murdered by a cellmate at Feltham Young Offender Institution. The cellmate was a known racist with a history of violence. Zahid should never have been placed in a cell with him. Unsurprisingly the prison service accepted responsibility for the death. However the original fatal accident claim against the prison service was struck out. Consequently the solicitors originally instructed to act were sued and ordered to pay damages in Mubarek Amin –v- Imran Khan & Partners  EWHC 2958 (QB). The judgment of Sir Robert Nelson contains important lessons for all those involved in fatal accident litigation.
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This article also feature in the April issue of PI Focus which you can read here.