I can’t resist raising a question for discussion that I’ve been thinking about before I retire. Here it is:
Do claimants in fatal accident claims governed by a foreign law have QOCS protection?
Here’s what CPR r. 44.13(1) says about the scope of the QOCS rules:
(1) This Section applies to proceedings which include a claim for damages –
(a) for personal injuries;
(b) under the Fatal Accidents Act 1976; or
(c) which arises out of death or personal injury and survives for the benefit of an estate by virtue of section 1(1) of the Law Reform (Miscellaneous Provisions) Act 1934
There’s no mention of the “French Fatal Accidents Act” or the “German Law Reform (Miscellaneous Provisions) Act” or whatever.
Maybe a lost dependency or an estate’s claim is included in the words “a claim for damages for personal injuries”? (So what’s the point of (1)(b) and (1)(c)?)
Or maybe a court will read extra words into the provision to give effect to what a claimant might say is its clear intention? (Is it so clear?)
Or maybe there’s some other route for claimant lawyers to secure QOCS protection for their clients.