OpenLegislation

Section 9 Transmission of relative's rights to executorI1

(1)

This section applies where liability to pay damages to a relative (“R”) has arisen under section 4 or 6 but R dies.

(2)

If the right to damages is vested in R immediately before R's death that right is transmissible to R's executor (“E”); but in determining the amount of damages payable to E by virtue of this section, the only period to which the court is to have regard is the period ending immediately before R's death.

(3)

In a case where––

(a)

section 5 applies, and

(b)

R died before 27th April 2007,

any right of R to damages under that section is to be taken, for the purposes of subsection (2), to have vested in R on A's death.

Annotations

Commencement

I1

S. 9 in force at 7.7.2011 by S.S.I. 2011/268, art. 3 (with art. 4)