header-logo header-logo

Home Login E-newsletter About us
11 October 2007
Issue: 7292 / Categories: Features , Personal injury
printer mail-detail

Personal Injury Update

© Copyright LexisNexis 2026. All Rights Reserved.

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

Read All
Sponsored by
NLJ Career Profile: John McElroy, London Solicitors Litigation Association

NLJ Career Profile: John McElroy, London Solicitors Litigation Association

From first-generation student to trailblazing president of the London Solicitors Litigation Association, John McElroy of Fieldfisher reflects on resilience, identity and the power of bringing your whole self to the law

Clarke Willmott—Elaine Field

Clarke Willmott—Elaine Field

Planning and environment team expands with partner hire in Manchester

Birketts—Barbara Hamilton-Bruce

Birketts—Barbara Hamilton-Bruce

Firm appoints chief operating officer to strengthen leadership team

NEWS
Read All
NLJ this week: Push to scrap ‘vague’ public office misconduct law
A wave of scandals has reignited debate over misconduct in public office, criticised as unclear and inconsistently applied. Writing in NLJ this week, Alice Lepeuple of WilmerHale says the offence’s ‘vagueness, overbreadth & inconsistent deployment’ have undermined confidence
NLJ this week: World Cup faces legal storm before kick-off
FIFA’s 2026 Men's World Cup is already mired in controversy, with complaints over ‘excessive prices’ and opaque ticketing. Writing in NLJ this week, Professor Dr Ian Blackshaw of Valloni Attorneys warns that governing bodies may face scrutiny under EU competition law, with allegations of a ‘dominant—if not monopolistic—position’ in ticket sales
NLJ this week: Trade mark practice splits widen post-Brexit
Ten years after Brexit, UK and EU trade mark regimes are drifting apart in practice if not principle. Writing in NLJ this week, Roger Lush and Lara Elder of Carpmaels & Ransford highlight tighter UK scrutiny after SkyKick, where overly broad filings may signal ‘bad faith’
NLJ this week: Sanctions ruling casts ‘wide net’ over global finance
A landmark Supreme Court ruling has underscored the sweeping reach of UK sanctions. In NLJ this week, Brónagh Adams and Harriet Campbell of Penningtons Manches Cooper say the regime is a ‘blunt instrument’ requiring only a factual, not causal, link to restricted goods
NLJ this week: England’s courts cement status as fraud battleground
Fraud claims are surging, with England and Wales increasingly the forum of choice for global disputes. Writing in NLJ this week, Jon Felce of Cooke, Young & Keidan reports claims have risen sharply, with fraud now a major share of litigation and costing billions worldwide
Copyright © 2026 LexisNexis
back-to-top-scroll