Q&As

Is there any case law or guidance in respect of a fatal claim where a successful claim has been made for losses such as potential loss of inheritance on the basis that had the person not died they would have continued to receive state pension which would have built up over time leaving a greater level of inheritance receivable on eventual death?

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Produced in partnership with Peter Edwards of Devereux Chambers
Published on: 12 November 2019
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The leading Authority on the issue of loss of inheritance in Fatal Accidents Act 1976 (FAA 1976) claims is the decision of the High Court in Adsett v West. The underlying rule is that there is no difference in principle in FAA 1976 claims between a loss of income and a loss of inheritance either when dealing with the source of the money from which the deceased would have provided a periodic income to dependants or when dealing with sums that would otherwise have been available

Peter Edwards
Peter Edwards chambers

Peter Edwards is one of the few senior practitioners with a specialism and a thriving practice in both of the complimentary fields of employment law and personal injury. "Noted for cases at the intersection of personal injury and employment law" by Legal 500 2017, he has extensive experience of dealing with ' and cross-examining ' medical experts and is at a particular advantage when dealing with cases involving both areas of law (for example, stress-at-work/workplace injury cases in the High Court and Disability Discrimination claims in the ET and at Appellate-level). He is ranked in both major Directories in personal injury and employment: "He's excellent. If it's a difficult case he'll handle it with absolute aplomb." ' Chambers UK 2017. "He is able to give to provide accurate, focused and succinct advice." ' Legal 500. 'His attention to detail and ability to get to the crux of a case are second to none.' 'Decisive, down-to-earth and robust.' -Chambers UK 2018.

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Jurisdiction(s):
United Kingdom
Key definition:
Authority definition
What does Authority mean?

The public sector body procuring the project. This might, for example, be a local authority, an NHS trust, a central Government Department or a Non-Departmental Public Body.

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