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PI Brief Update

Damages for Pain and Suffering Prior to Death and Reduction of Life Expectancy: Important Court of Appeal Decision - Gordon Exall, Zenith Chambers

24/09/14. The case of Kadir -v- Mistry [2014] EWCA Civ 1177 deals with two important questions in relation to pain and suffering prior to death. Firstly should there be an award for pain and suffering in circumstances where the deceased person would have had the same symptoms but at a later time; secondly whether the deceased person needs to be aware that they have a reduced life expectancy in order that damages for reduced expectancy can be awarded.

THE LAW

The Law Reform (Miscellaneous) Provisions Act 1934 allows the estate of a deceased person to bring an action for certain losses to the estate and for the pain and suffering that the deceased person has suffered prior to death.

THE FACTS OF KADIR

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All information on this site was believed to be correct by the relevant authors at the time of writing. All content is for information purposes only and is not intended as legal advice. No liability is accepted by either the publisher or the author(s) for any errors or omissions (whether negligent or not) that it may contain. 

The opinions expressed in the articles are the authors' own, not those of Law Brief Publishing Ltd, and are not necessarily commensurate with general legal or medico-legal expert consensus of opinion and/or literature. Any medical content is not exhaustive but at a level for the non-medical reader to understand. 

Professional advice should always be obtained before applying any information to particular circumstances.

Excerpts from judgments and statutes are Crown copyright. Any Crown Copyright material is reproduced with the permission of the Controller of OPSI and the Queen’s Printer for Scotland under the Open Government Licence.