Provisional damages and fatal accident claims

(1)This section applies where a person—

(a)is awarded provisional damages; and

(b)subsequently dies as a result of the act or omission which gave rise to the cause of action for which the damages were awarded.

(2)The award of the provisional damages shall not operate as a bar to an action in respect of that person’s death under the [1976 c. 30] Fatal Accidents Act 1976.

(3)Such part (if any) of—

(a)the provisional damages; and

(b)any further damages awarded to the person in question before his death, as was intended to compensate him for pecuniary loss in a period which in the event falls after his death shall be taken into account in assessing the amount of any loss of support suffered by the person or persons for whose benefit the action under the Fatal Accidents Act 1976 is brought.

(4)No award of further damages made in respect of that person after his death shall include any amount for loss of income in respect of any period after his death.

(5)In this section “provisional damages” means damages awarded by virtue of subsection (2)(a) of section 32A of the [1981 c. 54] Supreme Court Act 1981 or section 51 of the [1984 c. 28] County Courts Act 1984 and “further damages” means damages awarded by virtue of subsection (2)(b) of either of those sections.

(6)Subsection (2) above applies whether the award of provisional damages was before or after the coming into force of that subsection; and subsections (3) and (4) apply to any award of damages under the 1976 Act or, as the case may be, further damages after the coming into force of those subsections.

(7)In the application of this section to Northern Ireland—

(a)for references to the Fatal Accidents Act 1976 there shall be substituted references to the [S.I. 1977/1251 (N.I. 18)] Fatal Accidents (Northern Ireland) Order 1977;

(b)for the reference to subsection (2)(a) and (b) of section 32A of the Supreme Court Act 1981 and section 51 of the County Courts Act 1984 there shall be substituted a reference to paragraph 10(2)(a) and (b) of Schedule 6 to the [1982 c. 53] Administration of Justice Act 1982.

Date: 2015-01-02; view: 824