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What is the correct procedure if a claimant dies during the court proceedings? Will the case be automatically stayed?

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Published by a LexisNexis PI & Clinical Negligence expert
Published on: 16 November 2016
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Where a party to a claim dies, but the cause of action survives, the claim does not abate by reason of the death. The court has the power to appoint someone to represent the estate of the deceased party where no personal representative has yet been appointed (CPR 19.8 (1)).

In addition, where a party dies after the verdict or finding of the issues of fact and before judgment is given, judgment

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United Kingdom

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