Example sentences of "[art] fatal [noun pl] act " in BNC.
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| 1 | More significantly the same civil law principle led Sir Robert Phillimore , in the Admiralty Court in The George and Richard ( 1871 ) L.R. 3 A. & E. 466 , 480 , to hold that a posthumous child , later born alive , ranks as a child of its father — in that case a ship 's carpenter who lost his life when his ship was blown on to the rocks and wrecked following disablement in a collision — for the purposes of Lord Campbell 's Act , the Fatal Accidents Act 1846 ( 9 & 10 Vict. c. 93 ) . |
| 2 | Application is made on the general form of application ( N 244 ) supported by affidavit which must verify the amount of damages , give the grounds of the application , exhibit any documentary evidence and if under the Fatal Accidents Act 1976 give all particulars ( RSC Ord 29 , r 10(3) ) . |
| 3 | The same time limits apply to claims under the Fatal Accidents Act 1976 but knowledge is that of the dependant not the deceased ( s12 ) . |
| 4 | If the plaintiff is under a disability settlement of the action has to be approved by the court under RSC Ord 80 , r13 or CCR Ord 10 , r10 ; so too if the claim is under the Fatal Accidents Act 1976 as amended and more than one person is entitled to the damages even though no one is under a disability . |
| 5 | This head of damage was created by the Administration of Justice Act 1982 , s3 which inserts a new s1A in the Fatal Accidents Act 1976 . |
| 6 | ( 3 ) Special damages or past loss of dependency under the Fatal Accidents Act 1976 . |
| 7 | The Fatal Accidents Act 1976 |
| 8 | This is the remedy provided today by the Fatal Accidents Act 1976 . |
| 9 | The present provisions are contained in the Fatal Accidents Act 1976 as amended ( see Appendix B ) . |
| 10 | 2.7 The important thing to remember about the right of action created by the Fatal Accidents Act 1976 is that it is a claim for damages suffered , not by the deceased himself , but by his family after his death . |
| 11 | 2.9 The first question , then , when making a claim under the Fatal Accidents Act 1976 is to consider who can claim . |
| 12 | The classes of dependants and relatives who have a potential claim under the Fatal Accidents Act 1976 were therefore , fairly wide . |
| 13 | 2.11 In practice most claims under the Fatal Accidents Act 1976 are brought by a widow or widower on behalf of herself or himself and their children , or sometimes by the parents of an unmarried son or daughter who was contributing to their support . |
| 14 | 2.12 Section 3(1) of the Fatal Accidents Act 1976 deals with the assessment of damages . |
| 15 | 2.17 This exercise has been described in a different way by Lord Diplock in Mallett v McMonagle [ 1970 ] AC 166 at p174 : The purpose of an award of damages under the Fatal Accidents Act is to provide the widow and other dependants of the deceased with a capital sum , which , with prudent management , will be sufficient to supply them with material benefits of the same standards and duration as would have been provided for them out of the earnings of the deceased had he not been killed by the tortious act of the defendant , credit being given for the value of any material benefits which will accrue to them ( otherwise than as the fruits of insurance ) as a result of his death . |
| 16 | Under s3(3) of the Fatal Accidents Act 1976 both remarriage and the prospects of remarriage must now be ignored in the case of a widow 's claim . |
| 17 | It is well established that the loss of such services can be the basis of a claim under the Fatal Accidents Act 1976 . |
| 18 | 2.37 Only one action can be brought on behalf of the dependants ; see s2(3) of the Fatal Accidents Act 1976 . |
| 19 | 2.48 It can thus be seen from their lordships ' views in Taylor v O'Connor [ 1971 ] AC 115 that there is no judicial unanimity when damages come to be assessed under the Fatal Accidents Act 1976 . |
| 20 | Section 6(4) applies the Law Reform ( Contributory Negligence ) Act 1945 and s5 of the Fatal Accidents Act 1976 relating to contributory negligence , to claims under Pt I of the CPA 1987. ( e ) Defences The burden of proof of causation under the CPA 1987 is upon the victim . |