Report No. 111

7.7. Resent provision in England.-

The provision has been re-enacted in the Fatal Accidents Act, 1976. The present provision in England on the subject is in the following terms, as contained in the Mal Accidents Act1:-

"(3) In an action under this Act where there fall to be assessed damages payable to a widow in respect of the death of her husband, there shall not be taken into account the re-marriage of the widow or her prospects of remarriage."

This provision settles the matter. It is, however, possible to say that the English provision goes too far in disregarding even actual re-marriage of the widow.2

This provision was, as stated above, first inserted in England3 in 1971, in view of certain judicial decision4 which had pointed out that it would be very difficult for a court to embark upon an inquiry as to how far a particular widow has "prospects" of re-marriage.

1. Section 5(3), Fatal Accidents Act, 1976, as amended in 1982.

2. See paras. 7.9 and 7.11, infra.

3. Section 4(1), Law Reform (Miscellaneous Provisions) Act, 1971, replaced by section 3(2), 1976 Act, again replaced in 1982.

4. Buckley v. Allan, (1967) 1 All ER 539.