header-logo header-logo

09 March 2007
Issue: 7263 / Categories: Case law , Law reports , In Court
printer mail-detail

PRACTICE—DISCONTINUANCE OF ACTION—ACTION FOR DAMAGES FOR PERSONAL INJURY

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

If you are not a subscriber, subscribe now to read this content
If you are already a subscriber sign in
...or Register for two weeks' free access to subscriber content

MOVERS & SHAKERS

Gateley Legal—Jack Kelly

Gateley Legal—Jack Kelly

Gateley Legal expands Midlands residential development team

Gibson Dunn—Richard Surtees

Gibson Dunn—Richard Surtees

Gibson Dunn adds employee benefits and executive compensation practice in London with partner Richard Surtees

Laytons ETL—Alec Cameron

Laytons ETL—Alec Cameron

Laytons ETL appoints new partner and head of intellectual property disputes

NEWS
A series of recent decisions has clarified important principles across property law, from perpetuities to lease renewals and public rights over land
A series of recent decisions has clarified important principles across property law, from perpetuities to lease renewals and public rights over land
Employers cannot rely on wellbeing services alone to defend workplace stress claims after a High Court decision awarding almost £1m to an overworked employee
Andy Burnham's brand of 'Manchesterism' could offer fresh thinking on legal aid and access to justice if it reaches Westminster, according to Roger Smith, NLJ columnist and former director of JUSTICE
The constitutional fallout from a change of prime minister, rather than the politics, is under scrutiny as questions arise over the limits of executive authority in a leadership transition
back-to-top-scroll