Deep Pocket Syndrome

A situation where claims are made based on the ability of the defendant to pay rather on share of blame. An injured party will try to blame the party with the greatest wealth (i.e., deepest pocket) where there is more than one potential defendant. Example: A & B are jointly liable for an injury; A was 90% negligent and B was 10% negligent, but A has no assets; the claimant is permitted to reach into the “deep pockets” of B for the full amount of the award against A & B.

Deep pocket theory

Where the claimant can seek damages from more than one defendant, the claimant chooses the defendant with the greatest ability to pay, i.e. the one with ‘deepest pocket’ The choice of defendant is often influenced by the insurance position.

Deep vein thrombosis (DVT)

Potentially fatal formation of blood clot within a deep vein, usually in the lower limbs. Limited movement in cramped conditions, e.g. long haul flight conditions, appear to be the main cause. Air passengers making personal injury claims have to overcome the Warsaw Convention that limits compensation to ‘accidents. There is no definitive answer in English law as to whether DVT is caused by an ‘accident’. Adopting the approach in Air France v. Saks (1985), a US case, a High Court decision (2002) held DVT not to be an accident for the purpose of the Convention.