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Civil Litigation Section

FAQ: Pursuing a claim on behalf of a deceased client

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This month’s question is about pursuing a claim on behalf of a deceased client. 

I was advising a client in a litigation matter where proceedings have not yet been issued.  I have just been informed that my client passed away yesterday. Can his claim still be pursued?

Yes, under the Law Reform (Miscellaneous Provisions) Act 1934 s1(1) most claims against or for the benefit of an individual survive that person’s death.  The deceased client’s claim can now be brought by the personal representatives of the deceased.  The capacity of the executor or administrator must be made clear in their description in the claim form (see PD 7A para 5.5 CPR r19.8(3)(a)).

This FAQ is compiled by the Law Society’s Practice Advice Service telephone 0207 320 5675. Comments relating to it should be sent to Mrs Anjali Mouelhi, Practice Advice Service Manager, The Law Society, 113 Chancery Lane, London WC2A 1PL. Whilst every effort has been made to ensure the accuracy of the information in the FAQ, it does not constitute legal advice and cannot be relied upon as such. The Law Society does not accept any responsibility for liabilities arising as a result of reliance upon the information given.

 

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