Paragraph 6 C1

(1)

The following paragraphs shall be substituted for paragraph (1) of Article 5—

“(1)
In the action such damages, other than damages for bereavement, may be awarded as are proportioned to the injury resulting from the death to the dependants respectively.
(1A)
After deducting the costs not recoverable from the defendant any amount recovered otherwise than as damages for bereavement shall be divided among the dependants in such shares as may be directed.”.

(2)

In paragraph (2), for “(1)” there shall be substituted “ (1A) ”.

(3)

In paragraph (3), for the words “In assessing damages payable to a widow in respect of the death of her husband in an action under this Order” there shall be substituted the words “ In an action under this Order where there fall to be assessed damages payable to a widow in respect of the death of her husband ”.

(4)

The following paragraph shall be inserted after that paragraph—

“(3A)
In an action under this Order where there fall to be assessed damages payable to a person who is a dependant by virtue of Article 2(2)(b) in respect of the death of the person with whom the dependant was living as husband or wife there shall be taken into account (together with any other matter that appears to the court to be relevant to the action) the fact that the dependant had no enforceable right to financial support by the deceased as a result of their living together.”.

(5)

In paragraph (5), for the words “the dependant’s shares” there shall be substituted the words “ any person’s share ”.

Annotations

Modifications

C1: The text of s. 4, 6(1)(2), 14(1)(2)(4), 15(1)(3)(6), 16–19, 28(7), 34, 35, 49–54, 56–59, 61, 63–67, 69(1)(2), 70, 72(1), 75, Sch. 1 Pts. I, III, IV, Sch. 3 Pt. III para. 7, Sch. 4 Pt. I, Sch. 6 paras. 2–9, Sch. 7 Pts. I, II, Sch. 7 Pt. III paras 2, 3, Sch. 8, Sch. 9 is in the form in which it was originally enacted: it was not reproduced in Statutes in Force and does not reflect any amendments or repeals which may have been made prior to 1.2.1991.