The claimant appealed against an order striking out his claim, though it raised a novel point under the 1976 Act. Did section 2(3) of the Act, providing: ‘Not more than one action shall lie for and in respect of the same subject-matter of complaint.’, mean that if a writ was issued in a Fatal Accidents Act claim brought on behalf of a deceased’s dependants but never served, this automatically precluded the bringing of a new action some years later?
Judges:
Henry, Brooke LJJ
Citations:
[2001] EWCA Civ 998, [2001] 1 WLR 1966, [2001] CP Rep 102, [2002] 1 All ER 192, [2002] PIQR P5
Links:
Statutes:
Jurisdiction:
England and Wales
Personal Injury, Litigation Practice
Updated: 31 May 2022; Ref: scu.147593
