FATAL ACCIDENTS ACTS — Damages — Claim for dependency — Solicitor’s negligence in discontinuing personal injury claim after victim’s death — Whether claim for dependency extinguished — Whether solicitor liable to dependants — Fatal Accidents Act 1976, s 1

Reader v Molesworths Bright Clegg [2007] EWCA Civ 169

CA: Longmore, Smith and Moses LJJ: 2 March 2007

The negligent discontinuance of a personal injury action by a solicitor following the death of the victim did not extinguish the dependency claim which arose as a result of the death and, therefore, the solicitor was not liable to the claimants for his negligence.

The Court of Appeal so held in a reserved judgment dismissing an appeal by the claimants, children of Peter Read (deceased), from the determination by Judge Bullimore at Sheffield County Court of a preliminary issue in an action against the defendant, Molesworths Bright Clegg.

SMITH LJ said that it was clear from s 1 of the 1976 Act that, if at the moment of his death, an injured claimant had an existing cause of action arising from the wrongful act which caused his injuries and if he died as a result of the same wrongful act, a second cause of action for the benefit of his dependants came into being at that moment. Also at the moment of death the existing cause of action was transmitted to his estate pursuant to the Law Reform (Miscellaneous Provisions) Act 1934. The judge was therefore right to conclude that the Fatal Accidents Act claim had not been extinguished.

MOSES LJ and LONGMORE LJ agreed.

Appearances: Christopher Limb (AST Hampsons, Rochdale) for the claimants; Bernard Livesey QC and George Spalton Weightmans, Manchester) for the defendant.

Reported by: B O Agyeman, barrister