The Gazette 1955-58

COMMISSION ON WORKMENS' COMPENSATION. THE terms of reference of the commission are to examine and report on the present system of Work- mens' Compensation and the question of replacing it by a scheme of national insurance or otherwise and to make recommendations. The Council have been asked by the Minister for Social Welfare to submit a memorandum and a circular has been issued to the local bar associations. Members interested should write to their bar associations. FATAL INJURIES ACT, 1956. THE Fatal Injuries Act is an important piece of legislation which repeals the Fatal Accidents Acts of 1846 (better known as Lord CampbelTs Act) 1864 and 1908. This codifying legislation came into force on the ist April, 1956, but does not apply in relation to the death of any person before that date. The important provisions of the former Acts, are re-enacted. For instance where the death of a person is caused by the wrongful act, neglect or default (including a crime) or act as would have entitled the party injured, but for his death, to maintain an action and recover damages in respect thereof, the person who would have been so liable shall be liable to an action for damages for the benefit of the dependants of the deceased. The word " dependant" in this connection has been widened to mean any member of the family of the deceased who suffers loss and the word " member of the family " includes not merely wife and husband and ancestors up to grand-parents, but also includes a stepfather and stepmother; it includes too, descendants down to grandchildren, as well as a step-child and brother, sister, half-brother and •step-children and brother, sister, half-brother and half-sister. An adopted child or a natural child are to be considered to be legitimate. This action may now be commenced within three years of death instead of one year as formerly, and must be for the benefit of all the dependants. The action may be brought firstly by the personal representative of the deceased, but if he has not done so within six months of the death, it may be brought by all or any of the dependants. The plaintiff is to furnish the defendant with particulars of the persons for and on whose behalf the action is brought and of the nature of the claim in respect of which damages are sought to be recovered. The damages to be awarded shall be the total ofthe amounts as the jury or the judge, as the case may be, think proportioned to the injury resulting from the death to each:of the dependants

respectively on whose behalf the action is brought. Each such amount shall be separately indicated in the award and is to be divided in such shares as the judge or jury may have determined. Damages may also be awarded in respect of funeral and other expenses actually incurred, either by the deceased, the dependants or the personal representative by reason of a wrongful act, neglect or default. In paying money into Court it shall be sufficient for the defendant to pay it in one lump sum as compensation for all the dependants without apportioning it. In assessing damages, account shall not be taken of sums payable on the death of the deceased under any contract of insurance or of any pension or gratuity payable under statute or other wise in consequence of the death of the deceased. The liability of the deceased as to his debts shall not be terminated by his death but shall be a liability of his real and personal estate for a period of six years in like manner and with a like priority as a debt under a simple contract. Accordingly pro ceedings under this act may be instituted against his personal representatives in respect of his debts, and furthermore proceedings instituted against any person shall not abate on his death but may be continued against his personal representative. The Minister for Finance shall be liable to an action for damages under this act for the benefit of the dependants of the deceased if the death of a person is caused by the negligent driving, manage ment or control of a mechanically propelled vehicle belonging to the State. Note that this does not apply to a pedal cycle or to a horse drawn vehicle. Such proceedings may be brought against the Minister without obtaining the prior fiat of the Attorney General. All the customary defences open to a master sued for damages in respect of his servant's negligence (including contributory negli gence and the defence that the servant was not acting in the course of his employment) shall be open to the Minister and, if proved, shall be a good defence to the same extent as if the Minister were in fact the master. However no person shall be relieved from liability in respect of loss caused by his own negligence. ASPECTS OF RECENT ROAD- TRAFFIC LEGISLATION IN IRELAND AND NORTHERN IRELAND (Contributed). THE modern tendency of making the State the provider of all needs, has made the truism—hard cases make bad laws-sound like an outworn cliche. Lawyers with a grasp of philosophy as well as , positive law, realise the danger that lurks in leaving