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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