CAP. 22]
Assessment of damages.
[cf. 1982 c. 53, s. 3.] (App. III, p. CG.)
Assessment of damages; disregard of benefits.
[cf. 1982 c. 53. s. 3.) (App. III, p. CG.)
Fatal Accidents [1986 Ed.
(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.
6. (1) In the action, such damages, other than damages for bereavement, may be awarded to dependants in such proportions as reflect their respective injuries as a result of the death.
(2) Where damages are awarded under subsection (1), any costs not recovered from the defendant shall be deducted from those damages and thereafter those damages shall be divided among the dependants in such proportions as have been decided under that subsection.
(3) In an action under this Ordinance, or under the Carriage by Air (Overseas Territories) Order 1967, where there fall to be assessed damages payable to a widow in respect of the death of her husband, there shall not be taken into account the re-marriage of the widow or her prospects of re-marriage.
(4) In an action under this Ordinance where there fall to be assessed damages payable to a person who is a dependant within the meaning of paragraph (c) of the definition of that term in section 2, 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) In assessing damages in any action brought under this Ordinance the funeral expenses of the deceased person, if such expenses have been incurred by the parties for whose benefit the action is brought, shall be taken into account.
(6) Money paid into court in satisfaction of a cause of action under this Ordinance may be in one sum without specifying any person's share.
7. In assessing damages in respect of a person's death in an action under this Ordinance or under the Carriage by Air (Overseas Territories) Order 1967, 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.
4
CAP. 22]
Assessment of damages.
[cf. 1982 c. 53, s. 3.1
(App. III, p. CG.)
Assessment of damages;
disregard of benefits.
[ef. 1982 c. 53. s. 3.) (App. III, p. CG.)
Fatal Accidents
[1986 Ed.
(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.
6. (1) In the action, such damages, other than damages for bereavement, may be awarded to dependants in such proportions as reflect their respective injuries as a result of the death.
(2) Where damages are awarded under subsection (1), any costs not recovered from the defendant shall be deducted from those damages and thereafter those damages shall be divided among the dependants in such proportions as has been decided under that subsection.
(3) In an action under this Ordinance, or under the Carriage by Air (Overseas Territories) Order 1967, where there fall to be assessed damages payable to a widow in respect of the death of her husband there shall not be taken into account the re-marriage of the widow or her prospects of re-marriage.
(4) In an action under this Ordinance where there fall to be assessed damages payable to a person who is a dependant within the meaning of paragraph (c) of the definition of that term in section 2, 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) In assessing damages in any action brought under this Ordinance the funeral expenses of the deceased person, if such expenses have been incurred by the parties for whose benefit the action is brought, shall be taken into account.
(6) Money paid into court in satisfaction of a cause of action under this Ordinance may be in one sum without specifying any person's share.
7. In assessing damages in respect of a person's death in an action under this Ordinance or under the Carriage by Air (Overseas Territories) Order 1967, 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.
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