Shepherd v Post Office The Times 15 June 1995

Citation:Shepherd v Post Office The Times 15 June 1995

Rule of thumb:If a man is killed through a fatal accident, can the ex-wife claim damages from the person who killed the man? Yes, in some circumstances.

Judgment:

It can be argued that due to the sensitive nature of this subject the Act should not be interpreted too strictly, ‘Otton LJ cited passages from the texts mentioned, and said: I too would question whether there is any need for such an elaborate listing of entitled dependants and it would be simpler if Parliament were persuaded to provide that any person is entitled to a claim who can show a relationship of dependency and thus dispense with the lists (Fatal Accidents Act for the loss of pecuniary benefits, a person must fall within section 1(3). Under the Fatal Accidents Act 1976, the following relatives of the deceased are “dependants” so as to be able to benefit from an action brought under the Act:24 (a) The spouse, including former spouses. This includes a person whose marriage to the deceased has been dissolved, annulled or declared void. 25 (b) Cohabitants. This is discussed in paragraph 2.8 below. (c) Any parent or other ascendant of the deceased. (d) Any person who was treated by the deceased as his parent. (e) Any child or other descendant of the deceased. An illegitimate child is to be treated as the legitimate child of his mother and reputed father.26 Stepchildren are also treated as children.27 An unborn child conceived before the death qualifies if born alive.28 (f) A child (not of the deceased) of any marriage to which the deceased was at any time a party and whom the deceased treated as a child of the family in relation to that marriage. (g) Any person who is, or is the issue of, a brother, sister, uncle or aunt of the deceased.

Warning: This is not professional legal advice. This is not professional legal education advice. Please obtain professional guidance before embarking on any legal course of action. This is just an interpretation of a Judgment by persons of legal insight & varying levels of legal specialism, experience & expertise. Please read the Judgment yourself and form your own interpretation of it with professional assistance.