Reader and others v Molesworths Bright Clegg Solicitors (a firm) [2007] EWCA Civ 169
Court of Appeal, Civil Division
Longmore, Smith and Moses LJJ
2 March 2007
Where a personal injury claim brought by a claimant before his death has been discontinued after his death, a dependency claim under the Fatal Accidents Act 1976 (FAA 1976) is not thereby extinguished.
Christopher Limb (instructed by AST Hampsons) for the claimants.
Bernard Livesey QC and George Spalton (instructed by Weightmans) for the defendant.
The proceedings arose out of the personal injury suffered in 1989 by Peter Reader, the father of the claimants. His injury was caused by the negligence of Roy Cordingly.
Reader consulted the defendant solicitors, who issued proceedings on his behalf. In December 1994, however, Reader committed suicide. On his death, his cause of action was transmitted to his estate by operation of law. He died intestate.
The defendants, not acting on instructions, wrote to Cordingly’s solicitors informing them of Reader’s death and stating that the action should be discontinued. The letter enclosed a consent form which was signed and returned
