Subject to the provisions of this Part, on the death of any person after the passing of this Act all causes of action subsisting against or vested in him shall survive against or, as the case may be, for the benefit of his estate:

Where a cause of action survives as aforesaid for the benefit of the estate of a deceased person, the damages recoverable for the benefit of the estate of that person—

No proceedings shall be maintainable in respect of a cause of action in tort which by virtue of this Part has survived against the estate of a deceased person, unless either—

Notwithstanding anything in subsection (3), application may be made to the court, after notice to the personal representative, for leave to bring the proceedings at any time before the expiration of 6 years after the start date of the claim’s primary period (as specified in section 11(1) of, and adjusted in accordance with all relevant exceptions and modifications (if any) set out in, the Limitation Act 2010), whether or not notice has been given to the personal representative under subsection (3); and the court may, if it thinks it is just to do so, grant leave accordingly, subject to such conditions (if any) as it thinks it is just to impose, where it considers that the failure to give the notice or the delay in bringing the proceedings, as the case may be, was occasioned by mistake or by any other reasonable cause or that the personal representative was not materially prejudiced in his defence or otherwise by the failure or delay. No distribution of any part of the estate of the deceased made before the date of the giving of the notice of the intended application shall be disturbed by reason of the application or of an order made thereon.

Where damage has been suffered by reason of any act or omission in respect of which a cause of action would have subsisted against any person if that person had not died before or at the same time as the damage was suffered, there shall be deemed, for the purposes of this Part, to have been subsisting against him before his death such cause of action in respect of that act or omission as would have subsisted if he had died after the damage was suffered.

The rights conferred by this Part for the benefit of the estates of deceased persons shall be in addition to and not in derogation of any rights conferred by the Deaths by Accidents Compensation Act 1908, and so much of this Part as relates to causes of action against the estates of deceased persons shall apply in relation to causes of action under that Act.

No contract of insurance entered into under the Motor-vehicles Insurance (Third-party Risks) Act 1928 in respect of any period before 1 June 1937 shall, notwithstanding anything to the contrary in that Act, be deemed to indemnify the insured—

This section is subject to section 5 of the Accident Compensation Act 1972.

If any person (hereinafter in this Part referred to as the insured) has, whether before or after the passing of this Act, entered into a contract of insurance by which he is indemnified against liability to pay any damages or compensation, the amount of his liability shall, on the happening of the event giving rise to the claim for damages or compensation, and notwithstanding that the amount of such liability may not then have been determined, be a charge on all insurance moneys that are or may become payable in respect of that liability.

If, on the happening of the event giving rise to any claim for damages or compensation as aforesaid, the insured has died insolvent or is bankrupt or, in the case of a corporation, is being wound up, or if any subsequent bankruptcy or winding up of the insured is deemed to have commenced not later than the happening of that event, the provisions of the last preceding subsection shall apply notwithstanding the insolvency, bankruptcy, or winding up of the insured.

Every charge created by this section shall have priority over all other charges affecting the said insurance moneys, and where the same insurance moneys are subject to 2 or more charges by virtue of this Part those charges shall have priority between themselves in the order of the dates of the events out of which the liability arose, or, if such charges arise out of events happening on the same date, they shall rank equally between themselves.

Every such charge as aforesaid shall be enforceable by way of an action against the insurer in the same way and in the same court as if the action were an action to recover damages or compensation from the insured; and in respect of any such action and of the judgment given therein the parties shall, to the extent of the charge, have the same rights and liabilities, and the court shall have the same powers, as if the action were against the insured:

Such an action may be brought although judgment has been already recovered against the insured for damages or compensation in respect of the same matter.

Any payment made by an insurer under the contract of insurance without actual notice of the existence of any such charge shall to the extent of that payment be a valid discharge to the insurer, notwithstanding anything in this Part contained.

No insurer shall be liable under this Part for any sum beyond the limits fixed by the contract of insurance between himself and the insured.

Where—

the person desiring to claim those damages or that compensation may give notice in writing to the insurer requiring the insurer to nominate some person to be the defendant in place of the insured in any action proposed to be brought in any court claiming those damages or that compensation.

Within 14 days after the service on the insurer of such a notice, the insurer may, by notice in writing served on the claimant, nominate some person (with his consent) to be the defendant in the proposed action, and thereupon the claimant may sue the defendant so nominated, describing him as the administrator ad litem of the estate of the insured.

If within the said period of 14 days the insurer does not nominate a defendant as aforesaid, the court in which an action claiming those damages or that compensation is intended to be commenced may, on the application of the claimant, appoint Public Trust to be the administrator ad litem of the estate of the insured for the purposes of the intended action, and it shall be the duty of Public Trust to act as such.

Where any such appointment is made, the claimant may sue Public Trust, describing it as the administrator ad litem of the estate of the insured.

The person nominated as the defendant by the insurer or, as the case may be, Public Trust shall be indemnified by the insurer in respect of any judgment against him (including the costs of the action and any costs awarded under subsection (6)), and also in respect of all costs and expenses reasonably incurred by him in or in connection with the action irrespective of the result of the action, and, in the case of Public Trust, shall be entitled to recover from the insurer reasonable remuneration for its services:

Where in any action against Public Trust as administrator ad litem the plaintiff recovers judgment, the court may award the plaintiff his costs of and incidental to the order appointing Public Trust as such administrator.

No appointment or nomination of an administrator ad litem under this section shall confer any rights or impose any obligations on Public Trust or on the person so nominated in respect of any other assets of the estate of the insured or any liabilities in connection with that estate.

Section 48 of the Workers’ Compensation Act 1922 and section 10 of the Motor-vehicles Insurance (Third Party Risks) Act 1928 are hereby consequentially repealed:

Amendment(s) incorporated in the Act(s).

Where damage is suffered by any person as a result of a tort (whether a crime or not)—

In any proceedings for contribution under this section the amount of the contribution recoverable from any person shall be such as may be found by the court to be just and equitable having regard to the extent of that person’s responsibility for the damage; and the court shall have power to exempt any person from liability to make contribution, or to direct that the contribution to be recovered from any person shall amount to a complete indemnity.

For the purposes of this section—

Nothing in this section shall—

Section 99 of the District Court Act 2016 shall not hereafter apply with respect to any action or other proceeding to which this Part applies.

Where any injury or damage is suffered by a servant by reason of the negligence of a fellow servant, the employer of those servants shall be liable in damages in respect of that injury or damage in the same manner and in the same cases as if those servants had not been engaged in a common employment.

This section applies to every case in which the relation of employer and servant exists, whether the contract of employment is made before or after the passing of this Act.

This section shall bind the Crown.