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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

NLJ Career Profile: Mark Hastings, Quillon Law

NLJ Career Profile: Mark Hastings, Quillon Law

Mark Hastings, founding partner of Quillon Law, on turning dreams into reality and pushing back on preconceptions about partnership

Kingsley Napley—Silvia Devecchi

Kingsley Napley—Silvia Devecchi

New family law partner for Italian and international clients appointed

Mishcon de Reya—Susannah Kintish

Mishcon de Reya—Susannah Kintish

Firm elects new chair of tier 1 ranked employment department

NEWS
Talk of a reserved ‘Welsh seat’ on the Supreme Court is misplaced. In NLJ this week, Professor Graham Zellick KC explains that the Constitutional Reform Act treats ‘England and Wales’ as one jurisdiction, with no statutory Welsh slot
The government’s plan to curb jury trials has sparked ‘jury furore’. Writing in NLJ this week, David Locke, partner at Hill Dickinson, says the rationale is ‘grossly inadequate’
A year after the $1.5bn Bybit heist, crypto fraud is booming—but so is recovery. Writing in NLJ this week, Neil Holloway, founder and CEO of M2 Recovery, warns that scams hit at least $14bn in 2025, fuelled by ‘pig butchering’ cons and AI deepfakes
After Woodcock confirmed no general duty to warn, debate turns to the criminal law. Writing in NLJ this week, Charles Davey of The Barrister Group urges revival of misprision or a modern equivalent
Family courts are tightening control of expert evidence. Writing in NLJ this week, Dr Chris Pamplin says there is ‘no automatic right’ to call experts; attendance must be ‘necessary in the interests of justice’ under FPR Pt 25
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