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Tort Remedies Fatal Accidents. Introduction Law Reform (Miscellaneous Provisions) Act 1934 - Claimants claim carried on by his estate Fatal Accidents.

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Presentation on theme: "Tort Remedies Fatal Accidents. Introduction Law Reform (Miscellaneous Provisions) Act 1934 - Claimants claim carried on by his estate Fatal Accidents."— Presentation transcript:

1 Tort Remedies Fatal Accidents

2 Introduction Law Reform (Miscellaneous Provisions) Act Claimants claim carried on by his estate Fatal Accidents Act Claim for dependency by dependants

3 Law Reform (Miscellaneous Provisions) Act 1934 Estate carries on a claim the claimant would have brought Cannot claim future loss of earnings Does not apply to losses arising out of death EXCEPT funeral expenses

4 Calculation of Damages under the Law Reform (Miscellaneous Provisions) Act 1934 Same as a normal personal injury action Remember NO future losses can be claimed Pain Suffering and Loss of Amenity?

5 Fatal Accidents Act Loss suffered by dependants -Use the deceased's cause of action -Dependants? Section 1(3) Fatal Accidents Act 1976 In this Act “dependant” means— (a) the wife or husband or former wife or husband of the deceased; [(aa) the civil partner or former civil partner of the deceased;] (b) any person who— (i) was living with the deceased in the same household immediately before the date of the death; and (ii) had been living with the deceased in the same household for at least two years before that date; and (iii) was living during the whole of that period as the husband or wife [or civil partner] of the deceased; (c) any parent or other ascendant of the deceased; (d) any person who was treated by the deceased as his parent; (e) any child or other descendant of the deceased; (f) any person (not being a child of the deceased) who, in the case of any marriage to which the deceased was at any time a party, was treated by the deceased as a child of the family in relation to that marriage; [(fa) any person (not being a child of the deceased) who, in the case of any civil partnership in which the deceased was at any time a civil partner, was treated by the deceased as a child of the family in relation to that civil partnership;] (g) any person who is, or is the issue of, a brother, sister, uncle or aunt of the deceased.

6 Calculation of Damages under the Fatal Accidents Act What the deceased would have spent on dependants 2. Dependants expenses 3. Dependants other losses

7 Stage 1 – Pre-Trial Loss 1.Who has died? 2.Funeral Expenses

8 Deceased Bread Winner? Item by item NET earnings minus personal living expenses Percentage of net earnings (most common) Conventional percentage: 75%: widow and children 67%: widow alone Plus: Savings which would have gone to benefit of dependants.

9 Stage 2 – Future Loss Multiplicand Annual value of dependency at date of trial (note possibility of using split multiplier) Amount that would have been spent on dependants + expenses + losses Multiplier No clear authority that the Ogden tables are to be used for fatal accidents. Conventional approach: Rough and ready with substantial discount for contingencies and %age discount for accelerated receipt.

10 The Other Stages Stage 3: Lump sums Savings/capital that would have gone to dependants Stage 4: Bereavement Fixed at £7,500 (by Lord Chancellor) Stage 5: Reduce for deceased’s contributory negligence Stage 6: Add interest Stage 7: Apportion between dependants

11 THE END


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