Description
Death as a Consequence of Injuries for which Damages already awarded. Langstaff J. held that the dependents of an accident victim who received compensation in respect of personal injuries that subsequently proved to be fatal could not bring a claim under the Fatal Accident Act 1976. The case of Read v. Great Eastern Railway Co. (1867), concerning a precursor to the existing legislation, had been correctly decided as a matter of statutory construction and did not offend against Article 6 or 8 of the ECHR. If death had brought a right of action into play it would give rise to the prospect of double recovery for the same wrongful act. The instant case was not one in which equity could provide relief from the consequences of a unilateral mistake.
