Fatal Accidents Act 1959

Every action brought under this Act shall be for the benefit of relatives of the person whose death has been caused in any manner referred to in section 4.

The action shall be brought by and in the name of the executor or administrator of the deceased person as the case may be.

In every action the court may give such damages as it thinks proportioned to the injury resulting from the death to the parties respectively for whom and for whose benefit the action is brought.

In any action under this Act, the relationship between a parent and his or her illegitimate child, and any other relationship traced through that relationship, shall be recognized only if —

in the case of a claim by, or through relationship with, the illegitimate child, parentage is admitted by or established against the deceased parent in his or her lifetime; and

in the case of a claim by, or through relationship with, the parent of a deceased illegitimate child, parentage is admitted by or established against the parent in the lifetime of the illegitimate child.

Subsection (3) does not apply to or in respect of a relationship established by the Artificial Conception Act 1985.

The amount of damages recovered, after deducting the costs not recovered from the defendant, shall be divided amongst the persons for whose benefit the action was brought in such shares as the court finds and directs.

In any action the defendant may pay money into court as compensation in one sum to all persons entitled under this Act, for his wrongful act, neglect or default, without specifying the shares into which the money is to be divided by the court.

No portion of the money so paid in shall be paid out of court except under the order of a judge, but otherwise the rules of court for the time being in force relating to payment into and out of court and tender and matters associated therewith, with any necessary modifications, apply.

Where the money paid in is not accepted, and an issue is taken by the plaintiff as to its sufficiency, if the court decides the money is sufficient the defendant is entitled to the verdict upon that issue.