Administration of Justice Act 1982

Part I — Damages for Personal Injuries Etc.

Abolition of certain claims for damages etc.

Investment of money transferred to National Debt Commissioners.

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• (1) In an action under the law of England and Wales or the law of Northern Ireland for damages for personal injuries—

• (a) no damages shall be recoverable in respect of any loss of expectation of life caused to the injured person by the injuries; but

• (b) if the injured person’s expectation of life has been reduced by the injuries, the court, in assessing damages in respect of pain and suffering caused by the injuries, shall take account of any suffering caused or likely to be caused to him by awareness that his expectation of life has been so reduced.

• (2) The reference in subsection (1)(a) above to damages in respect of loss of expectation of life does not include damages in respect of loss of income.

Power of High Court to award interest on debts and damages.

2

No person shall be liable in tort under the law of England and Wales or the law of Northern Ireland—

• (a) to a husband on the ground only of his having deprived him of the services or society of his wife;

• (b) to a parent (or person standing in the place of a parent) on the ground only of his having deprived him of the services of a child; or

• (c) on the ground only—

• (i) of having deprived another of the services of his menial servant;

• (ii) of having deprived another of the services of his female servant by raping or seducing her; or

• (iii) of enticement of a servant or harbouring a servant.

Fatal Accidents Act 1976

Amendments of Fatal Accidents Act 1976

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• (1) The following sections shall be substituted for sections 1 to 4 of the Fatal Accidents Act 1976—

(1) (1) If death is caused by any wrongful act, neglect or default which is such as would (if death had not ensued) have entitled the person injured to maintain an action and recover damages in respect thereof, the person who would have been liable if death had not ensued shall be liable to an action for damages, notwithstanding the death of the person injured. (2) Subject to section 1A(2) below, every such action shall be for the benefit of the dependants of the person (“the deceased”) whose death has been so caused. (3) In this Act “dependant” means— (a) the wife or husband or former wife or husband 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 of the deceased; (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; (g) any person who is, or is the issue of, a brother, sister, uncle or aunt of the deceased. (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. (5) In deducing any relationship for the purposes of subsection (3) above— (a) any relationship by affinity 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 the legitimate child of his mother and reputed father. (6) Any reference in this Act to injury includes any disease and any impairment of a person’s physical or mental condition. (1A) (1) An action under this Act may consist of or include a claim for damages for bereavement. (2) A claim for damages for bereavement shall only be for the benefit— (a) of the wife or husband of the deceased; and (b) where the deceased was a minor who was never married— (i) of his parents, if he was legitimate; and (ii) of his mother, if he was illegitimate. (3) Subject to subsection (5) below, the sum to be awarded as damages under this section shall be £3,500. (4) Where there is a claim for damages under this section for the benefit of both parents of the deceased, the sum awarded shall be divided equally between them (subject to any deduction falling to be made in respect of costs not recovered from the defendant). (5) The Lord Chancellor may by order made by statutory instrument, subject to annulment in pursuance of a resolution of either House of Parliament, amend this section by varying the sum for the time being specified in subsection (3) above. (2) (1) The action shall be brought by and in the name of the executor or administrator of the deceased. (2) If— (a) there is no executor or administrator of the deceased, or (b) no action is brought within six months after the death by and in the name of an executor or administrator of the deceased, 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. (3) Not more than one action shall lie for and in respect of the same subject matter of complaint. (4) The plaintiff in the action shall be required to deliver to the defendant or his solicitor full particulars of the persons for whom and on whose behalf the action is brought and of the nature of the claim in respect of which damages are sought to be recovered. (3) (1) 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. (2) After deducting the costs not recovered from the defendant any amount recovered otherwise than as damages for bereavement shall be divided among the dependants in such shares as may be directed. (3) In an action under this Act where there fall to be assessed damages payable to a widow in respect of the death of her husband there shall not be taken account the re-marriage of the widow or her prospects of re-marriage. (4) In the action under this Act where there fall to be assessed damages payable to a person who is a dependant by virtue of section 1(3)(b) above in respect of the death of the person with whom the dependant was living as husband or wife there shall be taken into account (together with any other matter that appears to the court to be relevant to the action) the fact that the dependant had no enforceable right to financial support by the deceased as a result of their living together. (5) If the dependants have incurred funeral expenses in respect of the deceased, damages may be awarded in respect of those expenses. (6) Money paid into court in satisfaction of a cause of action under this Act may be in one sum without specifying any person’s share. (4) 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.

• (2) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

• (3) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Claims not surviving death

Exclusion of Law Reform (Miscellaneous Provisions) Act 1934

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• (1) The following subsection shall be inserted after section 1(1) of the Law Reform (Miscellaneous Provisions) Act 1934 (actions to survive death)—

(1A) The right of a person to claim under section 1A of the Fatal Accidents Act 1976 (bereavement) shall not survive for the benefit of his estate on his death.

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• (2) The following paragraph shall be substituted for subsection (2)(a)—

(a) shall not include— (i) any exemplary damages; (ii) any damages for loss of income in respect of any period after that person’s death;

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Maintenance at public expense

Maintenance at public expense to be taken into account in assessment of damages

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In an action under the law of England and Wales or the law of Northern Ireland for damages for personal injuries (including any such action arising out of a contract) any saving to the injured person which is attributable to his maintenance wholly or partly at public expense in a hospital, nursing home or other institution shall be set off against any income lost by him as a result of his injuries.

Provisional damages for personal injuries

Award of provisional damages for personal injuries

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• (1) The following section shall be inserted after section 32 of the Senior Courts Act 1981—

(32A) (1) This section applies to an action for damages for personal injuries in which there is proved or admitted to be a chance that at some time in the future the injured person will, as a result of the act or omission which gave rise to the cause of action, develop some serious disease or suffer some serious deterioration in his physical or mental condition. (2) Subject to subsection (4) below, as regards any action for damages to which this section applies in which a judgment is given in the High Court, provision may be made by rules of court for enabling the court, in such circumstances as may be prescribed, to award the injured person— (a) damages assessed on the assumption that the injured person will not develop the disease or suffer the deterioration in his condition; and (b) further damages at a future date if he develops the disease or suffers the deterioration. (3) Any rules made by virtue of this section may include such incidental, supplementary and consequential provisions as the rule-making authority may consider necessary or expedient. (4) Nothing in this section shall be construed— (a) as affecting the exercise of any power relating to costs, including any power to make rules of court relating to costs; or (b) as prejudicing any duty of the court under any enactment or rule of law to reduce or limit the total damages which would have been recoverable apart from any such duty.

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• (2) In section 35 of that Act (supplementary) “ 32A, ” shall be inserted before “33” in subsection (5).

• (3) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Part II — Damages for Personal Injuries Etc.—Scotland

Damages in respect of services

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Where a person (in this Part of this Act referred to as “the injured person”)—

• (a) has sustained personal injuries, or

• (b) has died in consequence of personal injuries sustained,

as a result of an act or omission of another person giving rise to liability in any person (in this Part of this Act referred to as “the responsible person”) to pay damages, the responsible person shall also be liable to pay damages in accordance with the provisions of sections 8 and 9 of this Act.

Services rendered to injured person

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• (1) Where necessary services have been rendered to the injured person by a relative in consequence of the injuries in question, then, unless the relative has expressly agreed in the knowledge that an action for damages has been raised or is in contemplation that no payment should be made in respect of those services, the responsible person shall be liable to pay to the injured person by way of damages such sum as represents reasonable remuneration for those services and repayment of reasonable expenses incurred in connection therewith.

• (2) The injured person shall be under an obligation to account to the relative for any damages recovered from the responsible person under subsection (1) above.

• (3) Where, at the date of an award of damages in favour of the injured person, it is likely that necessary services will, after that date, be rendered to him by a relative in consequence of the injuries in question, then, unless the relative has expressly agreed that no payment shall be made in respect of those services, the responsible person shall be liable to pay to the injured person by way of damages such sum as represents—

• (a) reasonable remuneration for those services; and

• (b) reasonable expenses which are likely to be incurred in connection therewith.

• (4) The relative shall have no direct right of action in delict against the responsible person in respect of any services or expenses referred to in this section.

Services to injured person's relative

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• (1) The responsible person shall be liable to pay to the injured person a reasonable sum by way of damages in respect of the inability of the injured person to render the personal services referred to in subsection (3) below.

• (1A) In assessing the amount of damages payable by virtue of subsection (1) above to an injured person whose date of death is expected to be earlier than had the injuries not been sustained, the court is to assume that the person will live until the date when death would have been expected had the injuries not been sustained.

• (2) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

• (3) The personal services referred to in subsection (1) above are personal services—

• (a) which were or might have been expected to have been rendered by the injured person before the occurrence of the act or omission giving rise to liability,

• (b) of a kind which, when rendered by a person other than a relative, would ordinarily be obtainable on payment, and

• (c) which the injured person but for the injuries in question might have been expected to render gratuitously to a relative.

• (4) Subject to section 6(1) of the Damages (Scotland) Act 2011 (asp 7) (relative's loss of personal services), the relative shall have no direct right of action in delict against the responsible person in respect of the personal services mentioned in subsection (3) above.

Assessment of damages for personal injuries

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Subject to any agreement to the contrary, in assessing the amount of damages payable to the injured person in respect of personal injuries there shall not be taken into account so as to reduce that amount—

• (a) any contractual pension or benefit (including any payment by a friendly society or trade union);

• (b) any pension or retirement benefit payable from public funds other than any pension or benefit to which section 2(1) of the Law Reform (Personal Injuries) Act 1948 applies;

• (c) any benefit payable from public funds, in respect of any period after the date of the award of damages, designed to secure to the injured person or any relative of his a minimum level of subsistence;

• (d) any redundancy payment under the Employment Rights Act 1996, or any payment made in circumstances corresponding to those in which a right to a redundancy payment would have accrued if section 135 of that Act had applied;

• (e) any payment made to the injured person or to any relative of his by the injured person’s employer following upon the injuries in question where the recipient is under an obligation to reimburse the employer in the event of damages being recovered in respect of those injuries;

• (f) subject to paragraph (iv) below, any payment of a benevolent character made to the injured person or to any relative of his by any person following upon the injuries in question;

but there shall be taken into account—

• (i) any remuneration or earnings from employment;

• (ii) any contribution-based jobseeker’s allowance (payable under the Jobseekers Act 1995);

• (iii) any benefit referred to in paragraph (c) above payable in respect of any period prior to the date of the award of damages;

• (iv) any payment of a benevolent character made to the injured person or to any relative of his by the responsible person following on the injuries in question, where such a payment is made directly and not through a trust or other fund from which the injured person or his relatives have benefited or may benefit.

Maintenance at public expense to be taken into account in assessment of damages: Scotland

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In an action for damages for personal injuries (including any such action arising out of a contract) any saving to the injured person which is attributable to his maintenance wholly or partly at public expense in

• (a) a hospital . . . or other institution; or

• (b) accommodation provided by a care home service (as defined by section 2(3) of the Regulation of Care (Scotland) Act 2001 (asp 8),

shall be set off against any income lost by him as a result of the injuries.

Award of provisional damages for personal injuries: Scotland

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• (1) This section applies to an action for damages for personal injuries in which—

• (a) there is proved or admitted to be a risk that at some definite or indefinite time in the future the injured person will, as a result of the act or omission which gave rise to the cause of the action, develop some serious disease or suffer some serious deterioration in his physical or mental condition; and

• (b) the responsible person was, at the time of the act or omission giving rise to the cause of the action,

• (i) a public authority or public corporation; or

• (ii) insured or otherwise indemnified in respect of the claim.

• (2) In any case to which this section applies, the court may, on the application of the injured person, order—

• (a) that the damages referred to in subsection (4)(a) below be awarded to the injured person; and

• (b) that the injured person may apply for the further award of damages referred to in subsection (4)(b) below,

and the court may, if it considers it appropriate, order that an application under paragraph (b) above may be made only within a specified period.

• (3) Where an injured person in respect of whom an award has been made under subsection (2)(a) above applies to the court for an award under subsection (2)(b) above, the court may award to the injured person the further damages referred to in subsection (4)(b) below.

• (4) The damages referred to in subsections (2) and (3) above are—

• (a) damages assessed on the assumption that the injured person will not develop the disease or suffer the deterioration in his condition; and

• (b) further damages if he develops the disease or suffers the deterioration.

• (5) Nothing in this section shall be construed—

• (a) as affecting the exercise of any power relating to expenses including a power to make rules of court relating to expenses; or