header-logo header-logo

A stark contrast

24 July 2015
Issue: 7662 / Categories: Features , Personal injury
printer mail-detail
nlj_7662_trask

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

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

CBI South-East Council—Mike Wilson

CBI South-East Council—Mike Wilson

Blake Morgan managing partner appointed chair of CBI South-East Council

Birketts—Phillippa O’Neill

Birketts—Phillippa O’Neill

Commercial dispute resolution team welcomes partner in Cambridge

Charles Russell Speechlys—Matthew Griffin

Charles Russell Speechlys—Matthew Griffin

Firm strengthens international funds capability with senior hire

NEWS
The proposed £11bn redress scheme following the Supreme Court’s motor finance rulings is analysed in this week’s NLJ by Fred Philpott of Gough Square Chambers
In this week's issue, Stephen Gold, NLJ columnist and former district judge, surveys another eclectic fortnight in procedure. With humour and humanity, he reminds readers that beneath the procedural dust, the law still changes lives
Generative AI isn’t the villain of the courtroom—it’s the misunderstanding of it that’s dangerous, argues Dr Alan Ma of Birmingham City University and the Birmingham Law Society in this week's NLJ
James Naylor of Naylor Solicitors dissects the government’s plan to outlaw upward-only rent review (UORR) clauses in new commercial leases under Schedule 31 of the English Devolution and Community Empowerment Bill, in this week's NLJ. The reform, he explains, marks a seismic shift in landlord-tenant power dynamics: rents will no longer rise inexorably, and tenants gain statutory caps and procedural rights
Writing in NLJ this week, James Harrison and Jenna Coad of Penningtons Manches Cooper chart the Privy Council’s demolition of the long-standing ‘shareholder rule’ in Jardine Strategic v Oasis Investments
back-to-top-scroll