PART 41F1DAMAGES

Annotations:
Amendments (Textual)

F2I – PROCEEDINGS TO WHICH SECTION 32A OF THE SUPREME COURT ACT 1981 OR SECTION 51 OF THE COUNTY COURTS ACT 1984 APPLIES

Annotations:
Amendments (Textual)

F341.3A

1

Where—

a

a claim includes claims arising under—

i

the Fatal Accidents Act 1976; and

ii

the Law Reform (Miscellaneous Provisions) Act 1934; and

b

a single sum of money is ordered or agreed to be paid in satisfaction of the claims,

the court will apportion the money between the different claims.

2

Where, in an action in which a claim under the Fatal Accidents Act 1976 is made by or on behalf of more than one person, a single sum of money is ordered or agreed to be paid in satisfaction of the claim, the court will apportion it between the persons entitled to it.

3

Unless it has already been apportioned by the court, a jury or agreement between the parties, the court will apportion money under paragraphs (1) and (2)–

a

when it gives directions under rule 21.11 (control of money received by a child or patient); or

b

if rule 21.11 does not apply, on application by one of the parties in accordance with Part 23.