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11 October 2007
Issue: 7292 / Categories: Features , Personal injury
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Personal Injury Update

CLAIM FOR DEPENDENCY >>
INTERPRETATION OF FAA 1976 >>
HARASSMENT IN THE WORKPLACE >>

FATAL ACCIDENTS: SETTLEMENT PRIOR TO DEATH A BAR TO RECOVERY

In Thompson v Arnold [2007] EWHC 1875, [2007] All ER (D) 38 (Aug) Mr Justice Langstaff, sitting in the Queen’s Bench Division of the High Court, re-emphasised an important potential pitfall for those advising claimants whose injuries are such that they might lead to death in the near future.
It has been well established, since the case of Read v The Great Eastern Railway Company (1868) LR 3 QB 555, that a dependant will be precluded from pursuing a claim for dependency under the Fatal Accidents Act 1976 (FAA 1976) in circumstances where the deceased has settled his or her outstanding claim for damages against the defendant tortfeasor during his or her lifetime. This follows from the wording of the FAA 1976 which, by virtue of s 1(1), permits a dependant to maintain an action for damages under that act only if the deceased would (if death had not ensued) have been entitled

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MOVERS & SHAKERS

Gibson Dunn—Richard Surtees

Gibson Dunn—Richard Surtees

Gibson Dunn adds employee benefits and executive compensation practice in London with partner Richard Surtees

Laytons ETL—Alec Cameron

Laytons ETL—Alec Cameron

Laytons ETL appoints new partner and head of intellectual property disputes

Muckle LLP—Roland Fairlamb

Muckle LLP—Roland Fairlamb

Specialist associate solicitor rejoins Muckle’s leading employment team

NEWS
A series of recent decisions has clarified important principles across property law, from perpetuities to lease renewals and public rights over land
Employers cannot rely on wellbeing services alone to defend workplace stress claims after a High Court decision awarding almost £1m to an overworked employee
Andy Burnham's brand of 'Manchesterism' could offer fresh thinking on legal aid and access to justice if it reaches Westminster, according to Roger Smith, NLJ columnist and former director of JUSTICE
The constitutional fallout from a change of prime minister, rather than the politics, is under scrutiny as questions arise over the limits of executive authority in a leadership transition
The legal profession is undergoing a fundamental shift from selling services to creating technology-enabled products, according to Professor Luke Mason, Head of School of Law at Regent's University London
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