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

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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

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NEWS
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NLJ this week: Mazur and more—inside the litigation frontline

From blockbuster judgments to procedural shake-ups, the courts are busy reshaping litigation practice. Writing in NLJ this week, Professor Dominic Regan of City Law School hails the Court of Appeal's 'exquisite judgment’ in Mazur restoring the role of supervised non-qualified staff, and highlights a ‘mammoth’ damages ruling likened to War and Peace, alongside guidance on medical reporting fees, where a pragmatic 25% uplift was imposed

NLJ this week: Social media bans for children spark legal dilemmas
Momentum is building behind proposals to restrict children’s access to social media—but the legal and practical challenges are formidable. In NLJ this week, Nick Smallwood of Mills & Reeve examines global moves, including Australia’s under-16 ban and the UK's consultation
NLJ this week: Leasehold reform risks creating ‘forgotten freeholders’
Reforms designed to rebalance landlord-tenant relations may instead penalise leaseholders themselves. In this week's NLJ, Mike Somekh of The Freehold Collective warns that the Leasehold and Freehold Reform Act 2024 risks creating an ‘underclass’ of resident-controlled freehold companies
NLJ this week: Court of Appeal clarifies when a claim truly begins
Timing is everything—and the Court of Appeal has delivered clarity on when proceedings are ‘brought’. In his latest 'Civil way' column for NLJ, Stephen Gold explains that a claim is issued for limitation purposes when the claim form is delivered to the court, even if fees are underpaid
NLJ this week: Split FDRs could ease pressure—and boost settlements
The traditional ‘single, intensive day’ of financial dispute resolution (FDR) may be due for a rethink. Writing in NLJ this week, Rachel Frost-Smith and Lauren Guiler of Birketts propose a ‘split FDR’ model, separating judicial evaluation from negotiation
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