Monthly Archives: August 2013
THE CLAIM FOR THE INJURIES AND LOSSES THE DECEASED PERSON SUFFERED PRIOR TO DEATH
This post looks at the claims that can be made on behalf of the estate of a deceased person for losses and injuries prior to their death. The two distinct claims There are two potential claims following the death of a person: (1) A claim under the Law Reform (Miscellaneous Provisions) Act 1934 on […]
ISSUING LATE: SECTION 33 AND THE FATAL ACCIDENTS ACT AND LAW REFORM ACT – AN EXAMPLE OF A CLAIMANT SUCCEEDING
This post looks at the case of Nicholas -v- Ministry of Defence where an action for damages following death was issued many years late. The court exercised its discretion under Section 33 of the Limitation Act 1980 to allow the action to proceed and awarded damages. In Patricia Melanie Nicholas (Executrix of Doris Timbrell) –v- […]
USING AND CHOOSING A SOLICITOR IN A FATAL CLAIM
The Legal Ombudsman has produced a guide to “Using a Lawyer as you get older”. http://www.legalombudsman.org.uk/downloads/documents/publications/Using-a-lawyer-as-you-get-older-Ten-top-tips-BW.pdf It is not clear why the advice should be confined to anyone who can be regarded as “older”. It contains important tips for anyone needing a solicitor. Choice of solicitor and proper communications with the solicitor is particularly […]
SECTION 4 OF THE FATAL ACCIDENTS ACT 1976: RESOURCES AND LINKS DEALING WITH MATTERS THAT SHOULD BE DISREGARDED IN ASSESSING DAMAGES IN A FATAL ACCIDENT ACT CLAIM
This post looks at the law relating to Section 4 of the Fatal Accidents Act 1976. This section is designed to prevent a defendant being able to take into account benefits which the dependants have received as a result of death, for example insurance payments or an inheritance. It looks at: 1. […]
FATAL ACCIDENTS AND ACTIONS ARISING FROM DEATH 