Charlotte Marie Keating v Ali Abdisalan & Anor
Bereavement damages and loss of services claims did not survive to Mr Birtles' estate because no relevant cause of action was vested at death and section 1(1A) of the 1934 Act expressly excludes bereavement claims from passing to the estate.
- Parties
- Claimant: Charlotte Marie Keating; First Defendant: Ali Abdisalan; Second Defendant: Aviva Insurance Ltd
- Jurisdiction
- England and Wales
- Judgment Date
- 25 July 2025
- Procedural Posture
- Civil / Strike Out Application Ruling
- Outcome
- Application granted; relevant parts of the claim struck out.
- Legal Topics
- Fatal Accidents Act, Law Reform (miscellaneous Provisions) Act, Bereavement Damages, Loss of Services, Estate Claims, Strike Out Procedure
Case Brief
Summary, issues, holding and outcome
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Parties
Charlotte Marie Keating
Claimant
Ali Abdisalan
First Defendant
Aviva Insurance Ltd
Second Defendant
Procedural Posture
Civil / Strike Out Application Ruling
Legal Issues
- 1 Whether bereavement damages claim survives to deceased's estate under section 1(1A) Law Reform (Miscellaneous Provisions) Act 1934
- 2 Whether claim for loss of services survives to deceased's estate under section 1 Law Reform (Miscellaneous Provisions) Act 1934
Ratio Decidendi
Bereavement damages and loss of services claims did not survive to Mr Birtles' estate because no relevant cause of action was vested at death and section 1(1A) of the 1934 Act expressly excludes bereavement claims from passing to the estate.
Court Disposition
Application granted; relevant parts of the claim struck out.
Orders
- Claim for bereavement damages struck out.
- Claim for loss of services struck out.
Full Case Text
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