This document summarizes potential claims that can be brought under UK law following a fatal accident. There are three main statutes that allow claims: 1) the Law Reform (Miscellaneous Provisions) Act 1934, which covers claims on behalf of the deceased estate; 2) the Fatal Accidents Act 1976, which covers claims made by dependents of the deceased; and 3) the Human Rights Act 1998, in conjunction with Article 2 of the European Convention on Human Rights. The Fatal Accidents Act outlines who can bring a claim and the categories of individuals that are considered dependents. Claims assess lost financial support and lost services to dependents in determining damages.
The document discusses the Rule Against Perpetuity, which establishes that an interest in property must vest within a certain period of time, specifically the life of a living person plus the minority of the ultimate beneficiary. This ensures that all interests in the property vest within a reasonable period rather than being postponed indefinitely. The maximum period of vesting is the life of the preceding interest holder plus the period of gestation and minority of the ultimate beneficiary. Exceptions to the rule include transfers for the benefit of the public and personal agreements.
The document summarizes the key provisions around temporary injunctions and interlocutory orders under Order 39 of the Code of Civil Procedure, 1908 in India. It discusses the grounds for granting temporary injunctions under Rules 1 and 2 to maintain the status quo during legal proceedings. It also outlines the procedures under Rules 3 and 3A, consequences for disobedience under Rule 2A, discharge or variation of orders under Rule 4, and provisions for interim sale, detention of subject matter, immediate possession, and deposit in court under Rules 6 to 10. The purpose is to provide interim relief and protect suits from becoming infructuous pending final disposal.
The document discusses key provisions around the transfer of property as per the Transfer of Property Act 1882 in India. It defines transfer of property and outlines some key principles:
1) A transfer of property is an act by a living person to convey property, present or future, to one or more living persons.
2) Certain types of future or uncertain interests cannot be transferred, such as the chance of inheritance or a legacy.
3) Some interests are not transferable if separated from the dominant property, such as easements.
4) The Act aims to enable free transfer of property, with some exceptions for interests opposed to public policy.
The document discusses several equitable doctrines including conversion, election, satisfaction, and performance. The doctrine of conversion provides that equity treats property as if it is in the form intended by the owner, such as considering money directed to purchase land as the land itself. The doctrines of election and satisfaction deal with situations where a person receives a benefit from a will but is also subject to an associated obligation. The doctrine of performance allows an act other than what was originally required to be viewed as fulfilling an obligation.
This document summarizes the Hindu Gains of Learning Act of 1930 in India. The act aims to remove doubts about a Hindu undivided family member's right to property acquired through their education or learning. Key points of the act include: defining acquirer as a family member who gains property through learning, gains of learning as property acquired through education, and learning as any type of education or training. Most importantly, the act states that no gains of learning shall be considered not the exclusive property of the acquirer just because their education was supported by family funds or imparted by a family member.
The document discusses the legal doctrine of res judicata. It begins by defining res judicata as "the thing has been judged" or "a dispute decided." There are three main principles underlying res judicata: no one should be vexed twice for the same cause, it is in the interest of the state for litigation to end, and a judicial decision must be accepted as correct. Res judicata applies broadly to civil suits, criminal proceedings, and other legal matters. For res judicata to apply, the matter must be directly at issue in both cases, between the same parties under the same title, and decided by a competent court. A matter can be actually or constructively at issue. Res judicata differs from estoppel
The document discusses the Rule Against Perpetuity, which establishes that an interest in property must vest within a certain period of time, specifically the life of a living person plus the minority of the ultimate beneficiary. This ensures that all interests in the property vest within a reasonable period rather than being postponed indefinitely. The maximum period of vesting is the life of the preceding interest holder plus the period of gestation and minority of the ultimate beneficiary. Exceptions to the rule include transfers for the benefit of the public and personal agreements.
The document summarizes the key provisions around temporary injunctions and interlocutory orders under Order 39 of the Code of Civil Procedure, 1908 in India. It discusses the grounds for granting temporary injunctions under Rules 1 and 2 to maintain the status quo during legal proceedings. It also outlines the procedures under Rules 3 and 3A, consequences for disobedience under Rule 2A, discharge or variation of orders under Rule 4, and provisions for interim sale, detention of subject matter, immediate possession, and deposit in court under Rules 6 to 10. The purpose is to provide interim relief and protect suits from becoming infructuous pending final disposal.
The document discusses key provisions around the transfer of property as per the Transfer of Property Act 1882 in India. It defines transfer of property and outlines some key principles:
1) A transfer of property is an act by a living person to convey property, present or future, to one or more living persons.
2) Certain types of future or uncertain interests cannot be transferred, such as the chance of inheritance or a legacy.
3) Some interests are not transferable if separated from the dominant property, such as easements.
4) The Act aims to enable free transfer of property, with some exceptions for interests opposed to public policy.
The document discusses several equitable doctrines including conversion, election, satisfaction, and performance. The doctrine of conversion provides that equity treats property as if it is in the form intended by the owner, such as considering money directed to purchase land as the land itself. The doctrines of election and satisfaction deal with situations where a person receives a benefit from a will but is also subject to an associated obligation. The doctrine of performance allows an act other than what was originally required to be viewed as fulfilling an obligation.
This document summarizes the Hindu Gains of Learning Act of 1930 in India. The act aims to remove doubts about a Hindu undivided family member's right to property acquired through their education or learning. Key points of the act include: defining acquirer as a family member who gains property through learning, gains of learning as property acquired through education, and learning as any type of education or training. Most importantly, the act states that no gains of learning shall be considered not the exclusive property of the acquirer just because their education was supported by family funds or imparted by a family member.
The document discusses the legal doctrine of res judicata. It begins by defining res judicata as "the thing has been judged" or "a dispute decided." There are three main principles underlying res judicata: no one should be vexed twice for the same cause, it is in the interest of the state for litigation to end, and a judicial decision must be accepted as correct. Res judicata applies broadly to civil suits, criminal proceedings, and other legal matters. For res judicata to apply, the matter must be directly at issue in both cases, between the same parties under the same title, and decided by a competent court. A matter can be actually or constructively at issue. Res judicata differs from estoppel
The document discusses the appointment and roles of liquidators in the winding up of companies under the Companies Act, 2013 and Insolvency and Bankruptcy Code. It defines key terms and outlines that official liquidators are appointed by the central government while company liquidators are appointed by the National Company Law Tribunal. It describes the powers and duties of official liquidators, company liquidators, and resolution professionals. It also provides an example of a relevant judicial precedent related to re-examination of a creditor's claim by an official liquidator.
Civil procedure code, 1908 { place of institution of suits }ShahMuhammad55
1. The document discusses where civil suits should be filed in court based on factors like where the subject matter is located, where the cause of action occurred, the nature of the subject matter, and the court's territorial jurisdiction.
2. For suits related to immovable property, section 16 specifies that the suit must be filed in the court within whose local jurisdiction the property is situated. Suits for compensation of wrongs to a person or movable property can be filed where the cause of action arose or where the defendant resides under section 19.
3. Any objections to the court's jurisdiction must be raised at the preliminary stage of trial, before the issues are framed. A higher court can transfer a suit that may
The document summarizes the Legal Services Authority Act of 1987 in India. It discusses key provisions of the act including establishing legal aid clinics, criteria for providing legal aid based on socioeconomic status, and creating a hierarchy of legal bodies at the national, state, district and local levels. It also describes Lok Adalats, which are specialized courts established under the act to facilitate alternative dispute resolution. Lok Adalats have jurisdiction over pending and new cases up to 10 lakhs rupees and promote speedy and affordable justice through conciliation and settlement.
The document discusses the establishment and purpose of family courts in India. It notes that family courts were established through the Family Courts Act of 1984 to provide speedy resolution of matrimonial disputes. The Supreme Court has held that states have a duty to establish family courts and provide them necessary infrastructure. Family courts are meant to view disputes not as legal matters but social and therapeutic problems, using a less formal, investigational approach. Their goal is to preserve families and help stabilize marriages, making the adversarial system inappropriate. The jurisdiction and qualifications of family court judges are also outlined.
The document discusses key aspects of sale of immovable property under the Transfer of Property Act, 1882 in India. It defines a sale as the transfer of ownership of property in exchange for a price, and distinguishes this from a contract for sale which agrees for a future sale but does not transfer ownership. The essential elements of a valid sale are identified as parties to the transaction, the subject property, a money consideration, and proper conveyance either through registration of a sale deed or possession transfer. Various principles from case law rulings pertaining to sale agreements and transactions are also summarized.
1) The document discusses various sections of the Indian Evidence Act relating to presumptions about the genuineness and authenticity of certain documents.
2) It outlines sections where courts "shall presume" and "may presume" facts about documents, with shall presume indicating facts that must be presumed unless disproven.
3) Key documents discussed include certified copies, records of evidence, maps, foreign records, and electronic records, with presumptions including that they are genuine, duly executed, and accurate.
moot file of sec 304 -b,201and 34 of indian penal codegagan deep
The document is an appeal filed on behalf of the prosecution in the Supreme Court of India regarding the case of Union of India vs. Ajay Gupta & Ors. It summarizes the key facts of the case, which involve the dowry death of a woman named Aarti shortly after her marriage. It outlines the judgments from the trial court and high court, and presents two issues for the Supreme Court's consideration: 1) whether Ajay Gupta and his wife can be held liable for dowry death and cruelty, and 2) whether two other individuals can be held liable for murder. It proceeds to provide arguments supporting the prosecution's position on both issues.
Code of civil procedure 1908 suits in particular cases pptxDr. Vikas Khakare
This presentation contains provision as to suits in particular cases. It include provisions under Code of Civil Procedure as to suit by or against government and public office; suit by or against corporation; suit by or against minor and person of unsound mind; suit by indigent person and interpleader suits.
This explain object of Indian Limitation Act 1963. It define limitation. Explains how limitation is computed, what is effect of death, acknowledgement and prescription.
- The document discusses procedures for lawsuits involving the government or public officials under Sections 79-82 of the Indian Code of Civil Procedure.
- It notes that notice must be given to the government or public officer being sued at least two months before filing a lawsuit against them regarding acts done in their official capacity.
- Exceptions to the notice requirement allow for urgent legal action with court approval, and errors in the notice will not result in dismissal if key information is provided.
The document discusses various types of insurance contracts in India including life, fire, and marine insurance. It outlines key elements such as insurable interest, indemnity, disclosure requirements, and types of policies for each. For life insurance, it describes who can have an insurable interest and different types of life policies. For fire insurance, it discusses the average clause, insurable interest, and types of fire policies. For marine insurance, it discusses insurable interest, maritime perils, and types of marine policies.
The Karta is the manager and head of a Hindu undivided family (HUF). The Karta can be male or female, and has the power to make decisions regarding the family business, properties, finances, and legal matters. The Karta is responsible for the general welfare of the family and managing the family's interests. A daughter can now become the Karta if she is the eldest member of the family, based on a recent court ruling establishing gender equality in Hindu succession rights and family management.
The Criminal Procedure Code, 1973 provides for the provisions for maintenance. The provisions enumerated under the code are explained herein the slides along with the remedies available for maintenance and against maintenance.
This document provides information about a college course on Insurance Laws. The course is part of a 9th semester B.A LL.B program at Chanderprabhu Jain College of Higher Studies & School of Law in New Delhi. The course on Insurance Laws is being taught by Assistant Professor Lavanya Bhagra.
Admission Sec.17 to 23 Indian Evidence Act RohitPathak89
Sections 17-20 define admissions and the types of statements that can be considered admissions in legal proceedings. Section 17 provides a broad definition of an admission as any oral, written or electronic statement by a person involved in a case that suggests any inference to a relevant fact. Sections 18-20 outline specific situations where statements may be considered admissions, such as statements by parties to a case or their agents (Section 18), persons whose position must be proved against a party (Section 19), and statements to those referred to for information by a party (Section 20). Taken together, these sections provide the framework for what constitutes an admission as evidence in a legal case.
the present power point presentation deals with the subject transfer of property act section 41 which talks about ostensible ownership. The ppt will be very helpful in understanding the topic and covers the relevant case laws for the same in a summarized way in 8 slides.
1) The document discusses various defenses that can be used in tort law to avoid liability, including volenti non fit injuria, plaintiff as the wrongdoer, inevitable accident, act of God, private defense/self-defense, mistake, necessity, and statutory authority.
2) It provides examples and case law illustrations for each defense. For inevitable accident, it discusses situations involving unexpected medical emergencies of drivers that resulted in car accidents.
3) For act of God, it notes this defense applies when damage is caused solely by natural forces like floods, storms, or earthquakes without any human involvement. It cites a case where a dam break was ruled not an act of God due to evidence of negligent
This document summarizes the types of claims that can arise from fatal accidents under Malaysian law. There are two main types of claims: estate claims by the victim's estate to recover out-of-pocket expenses, loss of earnings until death, and funeral expenses; and dependents' claims by those financially dependent on the victim to recover loss of support. Dependents can claim special damages like medical expenses, loss of pre-trial support, and funeral costs. They can also claim general damages for bereavement, loss of services or consortium, and loss of future financial support calculated based on the victim's expected income and working life. The law specifies who qualifies as dependents and sets limits on certain types of damages that
The document discusses the appointment and roles of liquidators in the winding up of companies under the Companies Act, 2013 and Insolvency and Bankruptcy Code. It defines key terms and outlines that official liquidators are appointed by the central government while company liquidators are appointed by the National Company Law Tribunal. It describes the powers and duties of official liquidators, company liquidators, and resolution professionals. It also provides an example of a relevant judicial precedent related to re-examination of a creditor's claim by an official liquidator.
Civil procedure code, 1908 { place of institution of suits }ShahMuhammad55
1. The document discusses where civil suits should be filed in court based on factors like where the subject matter is located, where the cause of action occurred, the nature of the subject matter, and the court's territorial jurisdiction.
2. For suits related to immovable property, section 16 specifies that the suit must be filed in the court within whose local jurisdiction the property is situated. Suits for compensation of wrongs to a person or movable property can be filed where the cause of action arose or where the defendant resides under section 19.
3. Any objections to the court's jurisdiction must be raised at the preliminary stage of trial, before the issues are framed. A higher court can transfer a suit that may
The document summarizes the Legal Services Authority Act of 1987 in India. It discusses key provisions of the act including establishing legal aid clinics, criteria for providing legal aid based on socioeconomic status, and creating a hierarchy of legal bodies at the national, state, district and local levels. It also describes Lok Adalats, which are specialized courts established under the act to facilitate alternative dispute resolution. Lok Adalats have jurisdiction over pending and new cases up to 10 lakhs rupees and promote speedy and affordable justice through conciliation and settlement.
The document discusses the establishment and purpose of family courts in India. It notes that family courts were established through the Family Courts Act of 1984 to provide speedy resolution of matrimonial disputes. The Supreme Court has held that states have a duty to establish family courts and provide them necessary infrastructure. Family courts are meant to view disputes not as legal matters but social and therapeutic problems, using a less formal, investigational approach. Their goal is to preserve families and help stabilize marriages, making the adversarial system inappropriate. The jurisdiction and qualifications of family court judges are also outlined.
The document discusses key aspects of sale of immovable property under the Transfer of Property Act, 1882 in India. It defines a sale as the transfer of ownership of property in exchange for a price, and distinguishes this from a contract for sale which agrees for a future sale but does not transfer ownership. The essential elements of a valid sale are identified as parties to the transaction, the subject property, a money consideration, and proper conveyance either through registration of a sale deed or possession transfer. Various principles from case law rulings pertaining to sale agreements and transactions are also summarized.
1) The document discusses various sections of the Indian Evidence Act relating to presumptions about the genuineness and authenticity of certain documents.
2) It outlines sections where courts "shall presume" and "may presume" facts about documents, with shall presume indicating facts that must be presumed unless disproven.
3) Key documents discussed include certified copies, records of evidence, maps, foreign records, and electronic records, with presumptions including that they are genuine, duly executed, and accurate.
moot file of sec 304 -b,201and 34 of indian penal codegagan deep
The document is an appeal filed on behalf of the prosecution in the Supreme Court of India regarding the case of Union of India vs. Ajay Gupta & Ors. It summarizes the key facts of the case, which involve the dowry death of a woman named Aarti shortly after her marriage. It outlines the judgments from the trial court and high court, and presents two issues for the Supreme Court's consideration: 1) whether Ajay Gupta and his wife can be held liable for dowry death and cruelty, and 2) whether two other individuals can be held liable for murder. It proceeds to provide arguments supporting the prosecution's position on both issues.
Code of civil procedure 1908 suits in particular cases pptxDr. Vikas Khakare
This presentation contains provision as to suits in particular cases. It include provisions under Code of Civil Procedure as to suit by or against government and public office; suit by or against corporation; suit by or against minor and person of unsound mind; suit by indigent person and interpleader suits.
This explain object of Indian Limitation Act 1963. It define limitation. Explains how limitation is computed, what is effect of death, acknowledgement and prescription.
- The document discusses procedures for lawsuits involving the government or public officials under Sections 79-82 of the Indian Code of Civil Procedure.
- It notes that notice must be given to the government or public officer being sued at least two months before filing a lawsuit against them regarding acts done in their official capacity.
- Exceptions to the notice requirement allow for urgent legal action with court approval, and errors in the notice will not result in dismissal if key information is provided.
The document discusses various types of insurance contracts in India including life, fire, and marine insurance. It outlines key elements such as insurable interest, indemnity, disclosure requirements, and types of policies for each. For life insurance, it describes who can have an insurable interest and different types of life policies. For fire insurance, it discusses the average clause, insurable interest, and types of fire policies. For marine insurance, it discusses insurable interest, maritime perils, and types of marine policies.
The Karta is the manager and head of a Hindu undivided family (HUF). The Karta can be male or female, and has the power to make decisions regarding the family business, properties, finances, and legal matters. The Karta is responsible for the general welfare of the family and managing the family's interests. A daughter can now become the Karta if she is the eldest member of the family, based on a recent court ruling establishing gender equality in Hindu succession rights and family management.
The Criminal Procedure Code, 1973 provides for the provisions for maintenance. The provisions enumerated under the code are explained herein the slides along with the remedies available for maintenance and against maintenance.
This document provides information about a college course on Insurance Laws. The course is part of a 9th semester B.A LL.B program at Chanderprabhu Jain College of Higher Studies & School of Law in New Delhi. The course on Insurance Laws is being taught by Assistant Professor Lavanya Bhagra.
Admission Sec.17 to 23 Indian Evidence Act RohitPathak89
Sections 17-20 define admissions and the types of statements that can be considered admissions in legal proceedings. Section 17 provides a broad definition of an admission as any oral, written or electronic statement by a person involved in a case that suggests any inference to a relevant fact. Sections 18-20 outline specific situations where statements may be considered admissions, such as statements by parties to a case or their agents (Section 18), persons whose position must be proved against a party (Section 19), and statements to those referred to for information by a party (Section 20). Taken together, these sections provide the framework for what constitutes an admission as evidence in a legal case.
the present power point presentation deals with the subject transfer of property act section 41 which talks about ostensible ownership. The ppt will be very helpful in understanding the topic and covers the relevant case laws for the same in a summarized way in 8 slides.
1) The document discusses various defenses that can be used in tort law to avoid liability, including volenti non fit injuria, plaintiff as the wrongdoer, inevitable accident, act of God, private defense/self-defense, mistake, necessity, and statutory authority.
2) It provides examples and case law illustrations for each defense. For inevitable accident, it discusses situations involving unexpected medical emergencies of drivers that resulted in car accidents.
3) For act of God, it notes this defense applies when damage is caused solely by natural forces like floods, storms, or earthquakes without any human involvement. It cites a case where a dam break was ruled not an act of God due to evidence of negligent
This document summarizes the types of claims that can arise from fatal accidents under Malaysian law. There are two main types of claims: estate claims by the victim's estate to recover out-of-pocket expenses, loss of earnings until death, and funeral expenses; and dependents' claims by those financially dependent on the victim to recover loss of support. Dependents can claim special damages like medical expenses, loss of pre-trial support, and funeral costs. They can also claim general damages for bereavement, loss of services or consortium, and loss of future financial support calculated based on the victim's expected income and working life. The law specifies who qualifies as dependents and sets limits on certain types of damages that
This document summarizes different types of damages that can be claimed in personal injury cases under Malaysian law. There are two main types of losses: special damages, which include quantifiable financial losses like loss of earnings and out-of-pocket medical expenses, and general damages, which cover non-financial losses like pain and suffering. It provides details on how loss of earnings, both past and future, are calculated. It also discusses other claims that fall under general damages, such as loss of amenities/capacity for enjoyment of life and loss of expectation of life.
The document provides an overview of the costs budgeting approach under the Civil Procedure Rules (CPR) and associated Practice Directions. It discusses key aspects of the costs management process including exchanging and filing budgets, making costs management orders, taking approved budgets into account during assessments, revising budgets, and examples of cases where courts have considered costs budgets. The document aims to guide practitioners on properly following the costs budgeting process and factors courts will consider when reviewing and approving costs budgets.
This document outlines a proposed study on the prevalence and factors associated with road traffic accidents in Mekelle Town, Northern Ethiopia. The study will use a cross-sectional design involving a sample of 634 taxi drivers selected through systematic random sampling. Data will be collected through questionnaires on driver characteristics, vehicle condition, pedestrian factors, and environmental conditions. Descriptive statistics, bivariate and multivariate logistic regression will be used to analyze relationships between independent and dependent variables. Results will be disseminated to universities and transportation authorities to inform policies to reduce accidents. The proposal provides details on the introduction, objectives, methodology, variables, analysis plan, and ethics of the study.
BUS 116 Chap031 wills trusts and advance directivesneogenesis6
This document provides an overview of probate law, wills, trusts, and estate planning. It defines key terms like probate, will, bequest, devise, beneficiaries, and heirs. It describes the formal requirements for executing a valid will, including being in writing, signed by the testator, and witnessed. It also discusses revoking or changing a will, contesting a will, dying without a will, and the rights of surviving spouses and other heirs under intestacy laws. The document uses examples from North Carolina probate code to illustrate concepts like will execution requirements, elective share rights for spouses, and rules of intestate succession.
This document summarizes key aspects of Irish succession and land law. It covers topics like wills and intestacy under the Succession Act 1965, the validity requirements for wills, intestacy rules for distributing property when there is no will, legal rights of spouses and children, and restrictions on freedom of testation including provisions for spouses, children, divorced partners, and disinheritance. Case law precedents and recommended readings are also provided.
This document summarizes a study note on the Inheritance Act 1975 regarding dependents and delay. It discusses two recent court cases - Lilleyman v Lilleyman (2012) and Berger v Berger (2013). Lilleyman v Lilleyman involved determining reasonable financial provision for a spouse where the marriage was short. The court had to consider factors like needs, contributions, and the size of the estate. Berger v Berger provided guidance for when applications under the Act are made out of time. The document also discusses provisions for dependents, delay in applications, and dispositions intended to defeat applications.
The document invites public comments on proposed operational guidelines for the Administrator-General & Public Trustee Department in Ekiti State. It provides background on the department and its objectives to administer estates of deceased persons who died without a will. The guidelines outline categories of estates covered and procedures for disbursing funds to surviving spouses, children, other relations based on type of marriage and family relationship. Comments from interested parties are requested by January 31, 2014 and can be submitted by post, hand delivery, or email.
This document provides information about potential pathways to legal status in the United States. It discusses family petitions, Violence Against Women Act petitions, and U Visas for victims of crimes. Requirements are outlined for each potential pathway, including the need to demonstrate a qualifying family relationship, evidence of abuse, cooperation with law enforcement, and other eligibility criteria. Benefits of these options like the ability to apply for work authorization and a path to citizenship are also summarized.
The document discusses various legal protections for senior citizens and parents in India. It outlines protections under the Indian Constitution to promote social welfare and justice. It also discusses the Hindu Adoptions and Maintenance Act which requires children to maintain their parents. The Muslim law also requires children to maintain indigent parents. For those without personal laws, the Criminal Procedure Code allows parents to seek maintenance. The National Policy for Older Persons and the Maintenance and Welfare of Parents and Senior Citizens Act provide additional legal protections for senior citizens.
Don Rudisuhle CFE 2011 Presentation at COVA Annual ConferenceDon Rudisuhle
Slides from a presentation on financial exploitation of the elderly delivered by Certified Fraud Examiner Don Rudisuhle at the 23rd Annual Conference of the Colorado Organization for Victim Assistance in Keystone, Colorado on October 18, 2011.
Understanding the new DHS rule on public charge inadmissibility Greg McLawsen
This training on the new DHS rule on public charge inadmissibility including the new Form I-944 Declaration of Self-Sufficiency. The training is intended for immigration lawyers with knowledge of current law.
The document summarizes the process for establishing guardianships under Texas law. It discusses: (1) definitions of key terms like guardian, ward, and incapacitated person; (2) the jurisdiction and venue of courts over guardianship proceedings; (3) the required contents of an application to establish a guardianship; (4) the notice and citation requirements; (5) qualifications for who can serve as a guardian and grounds for disqualification; and (6) the required findings and evidentiary standard for appointing a guardian.
Looking for the top criminal lawyers in North Sydney? We are the best criminal lawyers in North Sydney, Gosford & Waverley. Our criminal lawyer team is ready to defend your rights in Sydney. Contact us now - 0434 856 436
The document provides information on various veteran benefits available for seniors such as pension benefits, service connected disability compensation, health care benefits, burial benefits, and the application process. It outlines eligibility criteria, deductible expenses, disability ratings, presumption conditions, and resources for obtaining more information. The benefits described include tax-free income, health care access, nursing home care, and burial in national cemeteries.
Recorded on July 4, 2013 - The unqualified right of Convention Refugees to remain in Canada has been eroded by recent changes to the law. This webinar examines cessation and vacation proceedings where the Minister of Immigration applies to remove a person's Protected Person status. It highlights the significance of the changes to the law and the importance of Convention Refugees and Permanent Residents applying for citizenship as soon as possible. Situations that could trigger cessation or vacation proceedings, as well as ways that service providers can offer support during the citizenship process, will also be covered.
Watch this webinar at:
http://yourlegalrights.on.ca/webinar/threats-convention-refugee-and-permanent-resident-status
1. Ontario law recognizes that a person's duty to support dependents does not end at death, and if their estate plan does not adequately provide support, dependents can apply to court for a support order from the deceased's assets.
2. A dependent includes a surviving spouse, parent/grandparent, child/grandchild, or sibling of the deceased who was being financially supported by the deceased prior to their death.
3. When considering support applications, courts can order support from the "expanded estate" including joint assets, life insurance, gifts, and retirement accounts in addition to traditional estate assets.
Presentation at k3 c womens ministry 180819Musyimi Law
This document provides an overview and summary of property rights, succession law, and matrimonial property law in Kenya. It discusses that the Kenyan Constitution guarantees equal property rights for women, both during and after marriage. Upon death, succession can be either testate (with a will) or intestate (without a will), with intestate succession following specific distribution rules. Matrimonial property includes the family home, household goods, and other jointly acquired property during marriage. Ownership is determined based on each spouse's contributions, whether monetary or non-monetary, and matrimonial property is divided upon divorce.
This document provides an overview and summary of New York law regarding bad faith claims against insurance companies. It discusses what constitutes a prima facie case of bad faith refusal to settle, including establishing gross disregard of the insured's interests and loss of an actual settlement opportunity. Factors courts consider in determining bad faith are outlined. The document also reviews key cases like Pavia v State Farm that changed the bad faith litigation landscape in New York.
Prenuptial Agreement Lawyer
How to Draft a Prenup You Never Plan to Use
Presented by Melinda M. Previtera, Esquire with
Petrelli Previtera, LLC
https://www.petrellilaw.com/our-team/melinda-m-previtera/
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View Legal webinar - Estate Planning 2017 – Where are we at?Matthew Burgess
The pace of evolution of all aspects of estate planning has continued to intensify over the last 18 months. This presentation will use case studies to explore all key recent developments including:
1. the key estate planning related court decisions over the last 18 months
2. taxation and stamp duty changes
3. examples of the attitude of the Australian Taxation Office towards various estate planning strategies
4. bespoke planning opportunities
What Every Realtor Needs to Know about Estate Planning & Probate and Selling ...Paul Saba
This document provides an overview of the legal services offered by Stagnaro, Saba & Patterson, Co. L.P.A., a full service law firm. It discusses their practice areas, which include wills, trusts, estate planning, real estate, corporate law, and various types of litigation. It also provides brief summaries of probate processes, estate planning tools like powers of attorney and trusts, and estate and gift tax laws. Key details include how probate works, ways to avoid probate, an overview of intestacy laws, and the use of trusts and other strategies for asset protection and tax planning.
This document provides a summary of recent planning case law updates covering the following topics:
1. Enforcement cases relating to inspectors' powers and the Welwyn principle.
2. Procedural fairness cases on matters arising during inquiries and notification of hearings.
3. Housing cases on the duty to comply with the development plan, approaches to land supply calculations, determining housing need, and policy compliance.
4. Development plan making cases on the soundness of plans and consideration of housing needs.
5. Decision making cases on planning obligations, education contributions, and design considerations.
This document provides a summary of recent planning case law updates across various topics:
- Enforcement cases clarified inspector's powers to grant alternative schemes and limitations period exceptions.
- Heritage cases established a strong presumption against harm to listed buildings and importance of meaningful consultation for conservation area designations.
- Green Belt cases confirmed policies are not an exhaustive list and aims to preserve openness.
- Housing cases focused on objectively assessed need, five year land supply calculations, and weight of policies.
- Neighbourhood planning saw expansion of case law specific to neighbourhood development plans and their examination.
The document summarizes recent cases related to planning and environmental law across various topics:
- Decision making and fairness cases focused on when new issues can be raised and procedural fairness.
- Heritage cases clarified that statutory tests for listed buildings create a strong presumption against harm even if less than substantial, and that conservation area designations depend on characteristics like public access.
- Green Belt cases established that the NPPF exceptions lists are closed and that proposals map still defines the Green Belt even if policies lapse.
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3. Introduction
• No remedy for dependants or estate at common
law
• Different framework imposed by statute
• Three statutes under which a claim on behalf of
the estate/dependants/victims can be brought:
– Law Reform (Miscellaneous Provisions) Act
1934 (s1(1))
– Fatal Accidents Act 1976 (s1(1))
– Human Rights Act 1998 (s6) and Article 2 of
European Convention on Human Rights
4. Law Reform (Miscellaneous
Provisions) Act 1934
• Claim is brought for the benefit of the estate
• Covers damages/ loss up to death – the claim of
the deceased
– PSLA: if death not instant, then damages can
be awarded for loss of amenity alone
– Traditional ‘Specials’
– No “lost years” – lost year claims can only be
brought when Claimant is alive (s1(2)(a)(ii))
• Funeral expenses recoverable
5. FAA 1976 – bringing the action
• Who is entitled to bring the action?
− Executor or administrator of the estate (s2(1))
− If there is no executor or administrator, or if no
action brought by executor or administrator, then
“the action may be brought by and in the name of
all or any of the persons for whose benefit an
executor or administrator could have brought it”
(s2(2))
• No more than one action can be brought
(s2(3))
6. FAA 1976 - for whom can the
action be brought? (I/II)
• The Deceased must have been entitled to
bring an action had he survived, i.e. tortious
act (s1(1)) resulting in personal injury
- Suicide caused by tort doesn’t extinguish claim
(Corr v IBC [2007] EWHC 1875)
- But no claim if death not caused by injury/disease
• Action will be for the benefit of the
dependants of the Deceased
• Beware previous conclusion of claim
7. Detailed at s1(3)
• (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;
Categories of dependants (I/IV)
8. • (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
Categories of dependants (II/IV)
9. • s(4) “The reference to the former wife or husband of the
deceased in subsection (3)(a) above includes a reference to a
person whose marriage to the deceased has been annulled or
declared void as well as a person whose marriage to the
deceased has been dissolved” (similarly for civil partners)
Categories of dependants (III/IV)
10. • S (5) “In deducing any relationship for the purposes of
subsection (3) above—
• (a) any relationship by marriage or civil partnership shall be
treated as a relationship by consanguinity, any relationship of
the half blood as a relationship of the whole blood, and the
stepchild of any person as his child, and
• (b) an illegitimate person shall be treated as—
• (i) the legitimate child of his mother and reputed father, or
• (ii) in the case of a person who has a female parent by virtue of
section 43 of the Human Fertilisation and Embryology Act 2008,
the legitimate child of his mother and that female parent.”
Categories of dependants (IV/IV)
11. Points of note (I/II)
• Statutory list: no discretion
– Cohabitants: the “2 year rule”
– Goes well beyond immediate family unit,
i.e. to grandparents, grandchildren,
aunts, uncles (including by marriage) and
cousins, and step-children
– But child of just one unmarried partner is
not dependant even if living as family unit
12. Points of note (II/II)
• Court of Appeal in Swift v Secretary of State
for Justice [2013] EWCA Civ 193 rejected
extension of list of dependants:
– “court should accord a generous or wide margin of
discretion to Parliament in relation to the
legislative choices that it made in enacting section
1(3) of the 1976 Act”
– Legitimate aim to confine the right to recover
damages to those who had relationships of some
degree of permanence and dependence
– Proportionate pursuit of that aim to have 2 year
cohabitation requirement for eligibility
13. Dependants for bereavement
award (s. 1A)
Narrower list:
• “(2) A claim for damages for bereavement
shall only be for the benefit—
• (a) of the wife or husband or civil partner of
the deceased; and
• (b) where the deceased was a minor who
was never married or a civil partner
• (i) of his parents, if he was legitimate; and
• (ii) of his mother, if he was illegitimate.”
14. Bereavement Award
• Before 1st April 2002 - £7,500
• Then £10,000
• From 1 January 2008 - £11,800
• From 1 April 2013 - £12,980
• One award which is shared if more than
one person capable of recovering it
15. Is there a dependency?
• No need requirement that eligible dependant
was in receipt of a pecuniary advantage at the
time of the Deceased’s death (Taff Vale
Railway Co v Jenkins [1913] A.C. 1)
• Sufficient for an eligible dependent to have a
reasonable expectation of a pecuniary benefit
• Level of proof for expectation “a substantial
possibility” not “more likely than not” (Davies v
Taylor [1974] A.C. 207)
16. Other Factors to be considered
in assessment
• Contributory negligence: s5
• Re-marriage
– S3(3) FAA 1976 specifically rules out taking account
fact of or prospects of the widow remarrying
– Fall foul of Human Rights Act?
– Potentially deal with via section 4: disregard of benefit
as per Stanley v Saddique [1991] 2 W.L.R. 459
• Breakdown of relationship of co-habitees – lack
of enforceable right to financial support must be
taken into account (s3(4))
• But also prospect of marriage breakdown to be
considered in assessment: Dalziel v Donald
[2001] PIQR Q5
17. Human Rights Act 1998
• Relevant article of ECHR is article 2: right to life
• Confined to situations where a citizen’s
Convention rights have been breached by a
public authority
• Person may bring the claim if a “victim” pursuant
to section 7 (1) HRA 1998: particular connection
must be shown
• Successful claim in Rabone v Pennine care
NHS Foundation Trust [2012] UKSC 2
18. Human Rights Act 1998
Rabone
• Mentally ill 24 year old released from detention at a
mental hospital: subsequently committed suicide
• Defendant owed operational duty to protect Deceased
from the real and immediate risk of suicide subsequent
to assuming responsibility for her welfare and by
exercising control over her (albeit she was not detained)
• No reasonable psychiatrist would have allowed the
Deceased 2 days’ leave, and therefore no reasonable
steps taken
• Deceased’s parents successful in HRA claim: no
renunciation of article 2 claim through settlement of
negligence claim under LR(MP)A 1934, as no right to
damages for non-pecuniary loss in domestic law claim
• Both parents awarded £5,000 each: it was a “bad”
breach of article 2.
20. Section 3 FAA 1976
• In the action such damages, other than
damages for bereavement, may be
awarded as are proportioned to the injury
resulting from the death to the dependants
respectively
• 3(2) apportionment between dependants
in such shares as may be directed
20
21. Loss of services
• Includes as applicable DIY, gardening,
care, car servicing, IT skills
21
22. Lost services
• Most commonly where the deceased was
a father or mother looking after children
• Determined by life expectancy of survivors
if lower than life expectancy of deceased
but for tort (Desktop report or GP letter if
no access to medical records)
22
23. Approach of the Court
• Element of the judge reaching a “jury” award, that is, putting himself
in the position of a jury awarding damages and finding the sum
which appears to be reasonable compensation, looked at overall as
a lump sum, for the loss sustained. What is reasonable?
• Often significant uncertainty so % reductions to mathematical
calculations
• What is the test: anticipated actual cost of meeting C’s needs as
against what the deceased would have provided
• Expert evidence – ‘dependency report’ from care experts
• As with financial dependency, dependants, even if come within
definition, have to show deceased would have continued to provide
services, and for how long
• Real possibility enough, not BPR Davies v Taylor [1974] AC 207
23
24. Hay v Hughes [1975] QB 790
• Established as the ‘best instrument’ for assessing the
loss of dependency the cost of a nanny/carer over the
period during which the dependent would be expected to
receive the benefits of dependency, but ignoring the
value of the support he had in fact received from
relatives.
• This commercial cost can be enhanced to reflect the
special features of a mother’s care and attention. So the
calculation differs from that in non-fatal cases, where it is
the actual cost, so far as it can be calculated, of
gratuitous care actually given which is the measure of
damages.
24
25. What has happened?
• If surviving parent has employed a housekeeper or
nanny, then dependency on services likely to be
assessed by reference to the actual cost, both for past
loss and looking into future as the children grow older
• Otherwise net in hand figure to be used, see Corbett v
Barking
• Discount then made to reflect e.g. mother was caring
part-time or the probability care needs will decrease over
time
25
26. But…
• In Knauer v MOJ [2014] EWHC 2553 (QB) Mrs K dies at 46 of
mesothelioma. D argued Mr K had not in 5 years employed cook,
cleaner, gardener, decorator or housekeeper: no damages for loss
of services past or future. Mr K said he had not been able to afford
to employ help and the tasks had not been done or he had done
them
• Bean J short shrift to D: ignores basic principles of tort, and in Hay v
Hughes [1975] QB 790 at 809B Lord Edmund-Davies said that “the
fact that a widower decided to manage himself after the death of his
wife would not disentitle him to sue for and recover damages for the
pecuniary loss he had sustained.” Court must assess what has
been lost.
• Allows cost of agency care at £16,640 per year and £1,500
gardening and decorating. Plus £3,000 Regan award.
26
27. Non-commercial care
• E.g. father or other relative steps in
• Generally pleaded not at gratuitous care
rates (see section 4 point below) but at
commercial cost
• Reduction at least to net value (no tax and
NI paid)
27
28. McGregor on Damages
• 36-095 Interesting feature of all the cases is that in only one of them
was a nanny housekeeper engaged. In each case the family had
sprung to the rescue … has therefore, not surprisingly, been a
resistance to awarding the full commercial cost of a nanny
housekeeper when that cost was never going to be incurred…
• There has, curiously, not been the same move to develop, in line
with the position in the related field of personal injuries, a pattern of
compensation for the caring relatives at a level short of commercial
rates of pay, though recoveries of damages have nevertheless been
somewhat muted.
• 36-096 Attempts to bring relative’s services into account by way of
deduction are misguided, see collateral benefits
28
29. Benefits to be ignored
• See section 4 FAA (ignore benefits)
• H v S [2002] EWCA Civ 792 (Kennedy LJ)
– 29 In my judgment, in the light of the authorities, the position is
reasonably clear. Where, as here, infant children are living with and are
dependant on one parent, with no support being provided by the other
parent, in circumstances where the provision of such support in the
future seems unlikely, and the parent with whom they are living is killed,
in circumstances giving rise to liability under the Fatal Accidents Act
1976, after which the other parent (who is not the tortfeasor) houses
and takes responsibility for the children, the support which they enjoy
after the accident is a benefit which has accrued as a result of the death
and, pursuant to section 4 of the Act it must be disregarded, both in the
assessment of loss and in the calculation of damages.
29
30. Spittle v Bunney [1998] 1 WLR
847
• ‘What, then, should have been the direction given to the Jury trying
the facts of the present case? … They should be told that the fact
that nobody was being paid or would be paid as a substitute mother
made no difference, and that Mrs. Spittle's services, given free, were
not to be set against any sum which they assessed. …
• What they ought also to be reminded of is that as children get older
they may also get more independent of their parents and less in
need of being looked after. In the early years the services rendered
by a mother to her small child may be valued by the cost of a hired
nanny. The requirements are to some degree comparable.
30
31. Spittle v Bunney
• As the child grows older, and reaches school age, the valuation by
commercial standards becomes less and less appropriate, and to
use them is again not comparing like with like. Once the child has
begun school, at least by the age of six, the extent of the services
decreases in amount. She needs, for a time, to be taken to and from
school. Later on, she may go there by herself. Not only is the
yardstick of a nanny's wage less appropriate, but the services
rendered by the mother change in nature.
31
32. Corbett v Barking Havering &
Brentwood HA [1991] QB 408
• 50% reduction to a multiplicand was
upheld to the cost of a nanny/housekeeper
after school age.
32
33. Carer gives up own job
• Alternative way of measuring loss = lost
income
– Decision must be reasonable
– Value of dependency = wages lost less any income
(e.g. income support) received, e.g. Mehmet v Perry
[1977] 2 All ER 529. Two of children had rare blood
disorder.
– One factor = amount of income given up
33
34. Cresswell v Eaton [1991] 1
WLR 1113
• Aunt had given up work to look after the three children, and the
deceased mother had been working before her death
• ‘Where, as here, a claim is based in large part upon a relative's
actual loss of earnings reasonably incurred, modest discount only
should be made to reflect the part-time nature of the deceased
mother's care. And that is so even if it is as much the emotional as
the physical needs of the children which make it reasonable for the
relative to give up work.’
• It was conceded that the aunt had acted reasonably in giving up
work and that her loss of wages was less than would have had to be
paid to (or would have been earned net by) a suitable alternative
carer. So it was the lost earnings which were the measure of loss.
34
35. Carer gives up own job
• See Martin and Browne v Grey (13 May 1998): £29k per year as
housekeeper = start; discounted to £22,500 as multiplicand; court
won’t take earnings of stepmother at c£45k as start
• Batt v Highgate Private Hospital [2005] PIQR Q1 p1 where not
reasonable for father to have given up job so Q based on
housekeeper costs, much less than earnings
• Test is reasonableness: Kemp says if reasonable give up work get
higher figure
• Have seen cases where job given up but higher notional cost of
housekeeper sought
• In Bailey v Barking & Havering AHA (Times July 1978) Peter Pain
J declines to assess on basis of housekeeper costs where father
has given up work and earnings less than housekeeper
35
36. H v S [2002] 3 WLR 1179 (CA)
• Damages in respect of relative’s services
are in trust for the relative, and if terms of
trust seem unlikely to be fulfilled court
should take steps to avoid that. On facts
Kennedy LJ orders payment into court of
all sums children entitled to
36
37. Can surviving parent claim for
own loss?
• See discussion in Martin and Browne v
Grey
• Approach is total damages to include
acknowledgement of services lost by
parent as well as children but need to
avoid overlap
• Claim for several nannies/housekeepers
where children have been separated
37
38. Manning v King’s College Hospital
NHS Trust [2008] EWHC 3008
• Wife and mother died as a result of clinical negligence.
The widower claimed the loss of her services around the
house inc cleaning, shopping, washing and cooking. The
children claimed the loss of her services as a mother.
Also claim additional cost of boarding school (over and
above day school) because the widower could not keep
taking them to and from school and caring for them after
work and hold down his own job at the same time.
• Stadlen J awarded damages for lost household and
maternal services making deductions for the gratuitous
nature of the services but rejected the claim for the
boarding school fees as constituting double recovery.
38
39. No children
• Sloan v Halsen (Lawtel 2010) PPs of £23,200 pa for care and
companionship deceased would have given to widow who was
visually impaired. Following his death widow arranged for healthcare
service to give care and assistance and also a case manager
• Zambarda v Shipbreaking (Queenborough) Ltd [2013] EWHC
2263: widow’s claim following death from mesothelioma includes
care given to her because of complex pre-existing health problems.
Leighton-Williams J reminds himself test is not what the C needs but
what the deceased would have provided. So comparatively light
care till age 76, then ability to care diminishes, from age 79 no care.
Assessed on basis professional care with some family input. Also
£4,000 intangible benefit award as deceased provided far more than
conventional husband
39
40. Regan v Williamson award
• Regan v Williamson [1976] 1 WLR 305
• Lump sum award for loss of services over and above those provided
by a paid housekeeper
• The “special qualitative factor of the lost maternal care”
• Followed by Mehmet v Perry [1977] 2 All ER 529 where award to
both to husband and children
• H v S [2003] QB 965 where Kennedy LJ awarded £3,500 and
£4,500 to children and CA accepts maximum of £5,000 for very
young children
• Kemp and Kemp!
40
42. Earnings dependency:
multiplicand
• How is dependency on earnings assessed?
• Harris v Empress Motors [1984] 1 WLR 212 start
point
– 66% or 75%
• If partner working then Coward v Comex Houlder
Diving Limited (1984) The Independent 25th July,
CA
– add partner’s earnings to the “pot”
– apply dependency fraction
– deduct all of survivor’s earnings
• Accurate calculation
43. Calculation
• Assume net weekly earning of £250
• While family at home, calculate a 75% (or ¾)
dependency: therefore (£250 x 75%) = £187.50 per
week
• Wife alone, calculated 66% dependency: therefore (£250
x 66%) = £165 per week
• Wife return to work when family grow up and earn £100
net per week, calculate 66% dependency on total weekly
income. Wife remains dependent on 2 parts: therefore
(£250 + £100) x 66% = £231; then subtract all wife’s
earnings so £231 - £100 leaving dependency on £131
per week
44. Calculating the multiplier
• The long settled position: multiplier at date of
death not trial
• Cookson v Knowles [1979] AC 556
– Once and for all at date of death
– Everything thereafter uncertain
• Graham v Dodds [1983] 1 WLR 808
– Not assume deceased would have lived
– Delaying trial is a windfall for dependants
• In fact, opposite happens: cost to claimants
45. Challenge to Cookson
• Leapfrog appeal to Supreme Court in
Knauer v Ministry of Justice [2014]
EWHC 2553
• Based on Lord Salmon in Cookson
– “it is impossible to lay down any principle of
law which will govern the assessment of
damages for all time”
– Cases pre-date the use of Ogden tables
46. Will Knauer succeed?
• Supreme Court yet to indicate if they
permit appeal
– Calculation concern met by Ogden
– Delay works both ways: procedural
– Law Commission (No. 263, Nov 1999) favour
change
– White v ESAB Group Ltd [2002] PIQR Q6 –
Nelson J support reform but Defendant settled
– A Train & Sons Ltd v Fletcher [2008] EWCA Civ
413 – wish for reconsideration
47. Current “work around”
• Corbett v Barking Havering & Brentwood
Health Authority [1991] 2QB 408 – provide
possible present solution
• Mother die shortly after childbirth
• Dependency at death: 12
• Claim at trial 11½ years later leaving 6
months
• Court of Appeal adjust multiplier to 15
(leaving 3 ½ for future)
48. Cookson v Knowles
• Currently take multiplier at death
• Will need multiplier for life and for earnings
• Deduct time from death to trial as “term certain” from
Ogden multiplier
• May need to apportion earnings multipliers to reflect
different periods and types of dependency
• Can base on term certain/ early receipt/ ratio
• No absolute guide: mix of actuarial calculation and “finger
in air”
• Commentary in Ogden tables “actuarial approach” and
“alternative approach”: more mathematically accurate but
no approval
49. Fatal Accidents Act 1976,
s.4
• s.4. Assessment of damages: disregard of
benefits. “In assessing damages in respect of a
person's death in an action under this Act,
benefits which have accrued or will or may
accrue to any person from his estate or otherwise
as a result of his death shall be disregarded.”
• Pidduck v Easter Scottish Omnibus [1990] 1
WLR 993 CA disregard widow’s pension when
lost pension claim made
• Arnup v. White [2008] EWCA Civ 447: all
benefits accruing after death are to be
disregarded entirely. The sole question is to
value the dependency
50. s4 continued
• Wood v Bentall Simplex [1992] 1 PIQR 332
business relationship cannot recover, only a
family based dependant. What if businessman
overpaid his family, who are staff?
– Is the dependency reduced by taking into account assets
of the business that pass to the widow?
– Not deducted under s4; can they be taken into account
under s3?
– No says Court of Appeal
– Look at loss suffered
• Is there a loss resulting from the death? And
• If there is, what are the appropriate damages for that loss?
51. Wealth Creator
• Cape Distribution v Aine O’Loughlin
[2001] EWCA Civ 178 deceased ran
property portfolio
• Widow inherit properties but could not manage
them: sold some and lived off income
• Is there a loss and how to calculate?
• Manager to replace business “flair” and
disregard sale of business assets
• Court of Appeal approve approach and analysis
52. Wealth Creator
• Welsh Ambulance Services NHS Trust
v Williams [2008] EWCA Civ 81
– Deceased had entrepreneurial skills
– Wife no part in the business essence,
services of £3,000 pa to the company
– All family work together but benefit beyond
their contribution
– Value the loss of the “wealth creator”
– Disregard continued success of the business
53. Will s4 Survive?
• Lord Sumption in Cox v Ergo Versicherung AG
[2014] UKSC 22 described s3 (prospect of
remarriage) and s4 as “marking a departure from
ordinary principles of assessment in English law,
which can fairly be described as anomalous”
• Calculate in line with German legislation: no
disregard
• Would require primary legislation
– So far ignore Lord Diplock in Cookson v
Knowles
54. Lost years
• Claim brought and concluded before death
cannot be revived: Thompson v Arnold
[2007] EWHC 1875
• “Lost year” wages claimed before death but not
after
• Larger damages with care claim and lost years
earnings: all of wages not proportion
• Could lose out because no dependency on
services
55. Avoiding the Anomaly
• “Trial or settlement” under review by MoJ and
mesothelioma victims
• Settlement during life requires express
agreement to preserve FAA claim
• Interim / provisional damages? Murray v Shuter
[1972] 1LLR 6
• Prospective loss of dependency with agreement
not to claim further
– Can this be binding?
– Avoiding need for approval?
56. Periodical Payments
• Periodical payments can be awarded in
Fatal Accident Act claims (s7 Damages
Act 1996)
• Could resolve argument on dependency
for children – until further education/ no
longer a dependant; will reduce anomaly
of Cookson v Knowles
• Future care for widow for life
57. Apportionment
• Award needs Court approval if children involved
• Court of Protection may be involved thereafter
• However, much of calculation of dependency
involves children’s support exercised by
remaining parent
• Court recognises this – 25% default valuation
• F & H v Kaur (Lawtel AM0201113 – 2007 claim)
damages of £430,000 gave £395,000 to mother,
£20,000 to 13 year old and £15,000 to 15 year
old