Explanatory Memorandum
This Bill, in conjunction with the
proposed new Fatal Accidents Bill 1986, implements
certain recommendations made by the Law Reform
Commission in its report entitled "Damages for
Personal Injuries and Death".
2.
Clause 2 adds to existing limitations
that are placed by section 20 of the Law
Amendment and Reform (Consolidation) Ordinance on
the claims that are transmitted for the benefit
of a deceased's estate on the deceased's death.
In particular, new paragraph (a)(ii) of section
20(2) of the Ordinance (in clause 2(b)) seeks to
ensure, in the light of Adsett v. West [1983]
3 WLR 437, that the estate may not recover damages
for the loss of the prospect of an inheritance; and
new paragraph (a)(iv) restricts damages for loss of
income that would have accrued but for death to
damages for loss of savings.
3. Clause 3 introduces three new sections
into the Ordinance. New section 20A abolishes
the action for damages for loss of expectation of
life, as was done in England by section 1 of the
Administration of Justice Act 1982. New section
20B abolishes the existing actions for loss of
society or service, as was done by section 2 of
No comments yet.
Private notes are available after approval.