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24 July 2015
Issue: 7662 / Categories: Features , Personal injury
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A stark contrast

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How do you translate personal loss into a financial figure? Suzanne Trask highlights some inconsistencies & calls for change

Claims for compensation arising out of a person’s death are different from other personal injury claims. This is because the entitlement to claim is statutory, rather than based in common law. The estate has a claim on behalf of the deceased, under the Law Reform (Miscellaneous Provisions) Act 1934 (LR(MP)A 1934) as amended by the Administration of Justice Act 1982 (AJA 1982). A claim can be brought on behalf of the dependants of the deceased brought in their own right under the Fatal Accidents Act 1976 (FAA 1976) as amended by AJA 1982.

In contrast, claims where non-fatal injuries are suffered are for injuries and losses proved to have been incurred. The court hears the evidence on the extent of these, and compensation is assessed on a case by case basis. Where someone has suffered a life changing injury, awards can be for millions of pounds.

Claim by the estate

Claims under LR(MP)A 1934 by the estate

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MOVERS & SHAKERS

Thackray Williams—Lucy Zhu

Thackray Williams—Lucy Zhu

Dual-qualified partner joins as head of commercial property department

Morgan Lewis—David A. McManus

Morgan Lewis—David A. McManus

Firm announces appointment of next chair

Burges Salmon—Rebecca Wilsker

Burges Salmon—Rebecca Wilsker

Director joins corporate team from the US

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When it comes to free legal advice, demand massively outweighs supply. 'Millions of people are excluded from access to justice as they don’t have anywhere to turn for free advice—or don’t know that they can ask for help,' Bhavini Bhatt, development director at the Access to Justice Foundation, writes in this week's NLJ
When an ex-couple is deciding who gets what in the divorce or civil partnership dissolution, when is it appropriate for a third party to intervene? David Burrows, NLJ columnist and solicitor advocate, considers this thorny issue in this week’s NLJ
NLJ's latest Charities Appeals Supplement has been published in this week’s issue
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