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Report No. 111

2.3. English Act of 1982.-

By the Administration of Justice Act of 1982, recently enacted in England,1 sections 1 to 4 of the Act of 1976 have been replaced by revised sections. In the course of this revision, some important additions have also been made. Provision has now been made for treating what may be called a de facto wife as a "dependant" for the purposes of the Act. A right has also been given to the former wife or husband of the deceased, to rank as a dependant. The earlier provision that insurance and other benefits which accrue to the dependants are to be disregarded has now been made comprehensive.

In effect, the court is barred from taking into account (by way of deduction) any benefit which accrues to a dependant on death. Certain other changes have also been made to enhance the social justice aspect of the legislation. An attempt has also been made to remove certain anomalies arising from the co-existence of a claim under the Act and a claim for shortened expectation of life. Provision has also been made to allow damages for bereavement an idea probably inspired by the Scottish Law.2

1. The Administration of Justice Act, 1982 (Eng.).

2. See para. 2.7, infra.



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