Damages might be recovered for a loss of expectation of life. A claim for loss of expectation of life survived under the Act of 1934, and was not a claim for damages based on the death of a person and so barred at common law.
Lord Wright explained the object of the 1934 Act: ‘The purpose . . was to abolish in a special and particular way the rule preventing the prosecution of a claim in tort for personal injuries where the person who would otherwise be plaintiff or defendant in an action has died. The rule was expressed in the maxim ‘actio personalis moritur cum persona”.
Lord Wright
[1937] AC 826, [1937] 3 All ER 359
Law Reform (Miscellaneous Provisions) Act 1934 1
England and Wales
Citing:
Approved – Flint v Lovell CA 1934
The Court considered the conditions for it to interfere with an assessment of damages at first instance.
Greer LJ said: ‘I think it right to say that this Court will be disinclined to reverse the finding of a trial judge as to the amount of . .
Cited by:
Cited – Derrick v Williams CA 1939
The plaintiff had accepted a payment into court on a basis that a Court of Appeal decision declared the law in a form which precluded the recovery of certain types of damages. Subsequently the House of Lords reversed the Court of Appeal decision and . .
Cited – Ashley and Another v Chief Constable of Sussex Police HL 23-Apr-2008
The claimants sought to bring an action for damages after a family member suspected of dealing drugs, was shot by the police. At the time he was naked. The police officer had been acquitted by a criminal court of murder. The chief constable now . .
Cited – Pickett v British Rail Engineering HL 2-Nov-1978
Lost Earnings claim Continues after Death
The claimant, suffering from mesothelioma, had claimed against his employers and won, but his claim for loss of earnings consequent upon his anticipated premature death was not allowed. He began an appeal, but then died. His personal representatives . .
Lists of cited by and citing cases may be incomplete.
Damages, Personal Injury
Updated: 30 November 2021; Ref: scu.236538
