The words of the section had to be construed so as to make it compatible with the human rights convention. Accordingly the term ‘action’ in the Act was to be interpreted to mean an action where a writ was served. Children whose mother had been killed, had the human right to claim compensation for their loss of dependency. Whilst it was legitimate to impose certain restrictions on access to the courts, the effect of the words of the statute had not been considered or intended, and the court would read the section so as to make it compatible with the Act.
Times 11-Jul-2001, Gazette 19-Jul-2001
England and Wales
Personal Injury, Limitation, Human Rights
Updated: 19 May 2022; Ref: scu.78816