header-logo header-logo

11 October 2007
Issue: 7292 / Categories: Features , Personal injury
printer mail-detail

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

If you are not a subscriber, subscribe now to read this content
If you are already a subscriber sign in
...or Register for two weeks' free access to subscriber content

MOVERS & SHAKERS

Freeths—Mark Price

Freeths—Mark Price

Freeths strengthens restructuring and insolvency team with partner appointment

DWF—Caroline Featherstone, Victoria Neil & Matt Lewsey

DWF—Caroline Featherstone, Victoria Neil & Matt Lewsey

DWF strengthens public inquiries team with trio of high-profile appointments

Excello Law—Claire-Elaine Arthurs, Rhian Horwill & Caroline Lamming-Chowen

Excello Law—Claire-Elaine Arthurs, Rhian Horwill & Caroline Lamming-Chowen

Three-lawyer team hire boosts Excello Law’s property litigation practice

NEWS
Indemnity costs remain exceptional, but parties cannot ignore a case that deteriorates around them. In Lawrence v Associated Newspapers, Mr Justice Nicklin ordered the claimants to pay indemnity costs after finding their conduct, viewed cumulatively, fell ‘well outside the norm’
Public law is in flux following reversals and robust appellate intervention, according to the latest public law update by the team at HSFK for NLJ
Neurotechnology is turning the human mind into an operational domain, exposing gaps in the laws of war
Foreign judgment creditors have gained a route to recovery after the Supreme Court’s ruling in Drelle v Servis-Terminal
Surrogacy is growing in popularity, but parents-to-be face a complex legal framework
back-to-top-scroll