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 LexisPSL on 12/11/2019

The following PI & Clinical Negligence Q&A produced in partnership with Peter Edwards of Devereux Chambers provides comprehensive and up to date legal information covering:

  • 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?

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?

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

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