Q&As

Where a claim begins in the portal and the claimant subsequently dies and personal representatives are appointed does the claim stay in the portal? Do fixed costs still apply?

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Published on LexisPSL on 25/01/2017

The following PI & Clinical Negligence Q&A provides comprehensive and up to date legal information covering:

  • Where a claim begins in the portal and the claimant subsequently dies and personal representatives are appointed does the claim stay in the portal? Do fixed costs still apply?
  • What happens when a claimant dies?
  • When the protocol does not apply

What happens when a claimant dies?

Where a party to a claim dies but the cause of action survives, the claim does not abate by reason of the death. See Jones v Simes on this point and section Administration actions—personal representatives and the deceased's liabilities—Subsisting claims in Lexis®PSL Private Client Practice Note: Administration actions—personal representatives and the deceased's lia

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