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

Pillsbury—Lord Garnier KC

Pillsbury—Lord Garnier KC

Appointment of former Solicitor General bolsters corporate investigations and white collar practice

Hall & Wilcox—Nigel Clark

Hall & Wilcox—Nigel Clark

Firm strengthens international strategy with hire of global relations consultant

Slater Heelis—Sylviane Kokouendo & Shazia Ashraf

Slater Heelis—Sylviane Kokouendo & Shazia Ashraf

Partner and associate join employment practice

NEWS
The government’s plan to introduce a Single Professional Services Supervisor could erode vital legal-sector expertise, warns Mark Evans, president of the Law Society of England and Wales, in NLJ this week
Writing in NLJ this week, Jonathan Fisher KC of Red Lion Chambers argues that the ‘failure to prevent’ model of corporate criminal responsibility—covering bribery, tax evasion, and fraud—should be embraced, not resisted
Professor Graham Zellick KC argues in NLJ this week that, despite Buckingham Palace’s statement stripping Andrew Mountbatten Windsor of his styles, titles and honours, he remains legally a duke
Writing in NLJ this week, Sophie Ashcroft and Miranda Joseph of Stevens & Bolton dissect the Privy Council’s landmark ruling in Jardine Strategic Ltd v Oasis Investments II Master Fund Ltd (No 2), which abolishes the long-standing 'shareholder rule'
In NLJ this week, Sailesh Mehta and Theo Burges of Red Lion Chambers examine the government’s first-ever 'Afghan leak' super-injunction—used to block reporting of data exposing Afghans who aided UK forces and over 100 British officials. Unlike celebrity privacy cases, this injunction centred on national security. Its use, the authors argue, signals the rise of a vast new body of national security law spanning civil, criminal, and media domains
back-to-top-scroll