Please use this identifier to cite or link to this item: https://une.intersearch.com.au/unejspui/handle/1959.11/1893
Title: The Price of Responsible Parenting?
Contributor(s): Lunney, Mark (author)orcid 
Publication Date: 2002
Handle Link: https://hdl.handle.net/1959.11/1893
Abstract: In 'ATH & Am v MS' the Court of Appeal was faced with the thorny problem of how to treat substituted services provided to a child one of whose parents had been killed in circumstances allowing the child a claim under the Fatal Accidents Act 1976. Part of the problem arises out the amendments made to the 1976 Act by the Administration of Justice Act 1982, which introduced a new s.4 requiring the courts in assessing the value of the dependency to disregard the value of any benefits accruing to the dependant as a result of the death. At first glance, substituted caring services provided to a child dependant would seem to fall within s.4, but in 'Hay v Hughes' the Court of Appeal had held that such substituted services (in that case provided by a grandmother in place of the deceased mother) did not result from the death. Under the fatal accidents legislation as it then stood this allowed the services to be disregarded, a result which the Court of Appeal dearly thought desirable.
Publication Type: Journal Article
Source of Publication: King's College Law Journal, 13(2), p. 219-221
Publisher: Hart Publishing Ltd
Place of Publication: United Kingdom
ISSN: 0961-5768
Field of Research (FOR): 180126 Tort Law
HERDC Category Description: C5 Other Refereed Contribution to a Scholarly Journal
Other Links: http://www.heinonline.org/HOL/Page?collection=journals&handle=hein.journals/kingsclj13&id=219
http://www.hartjournals.co.uk/klj/
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Appears in Collections:Journal Article
School of Law

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