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England and Wales Court of Appeal (Civil Division) Decisions
You are here: BAILII >> Databases >> England and Wales Court of Appeal (Civil Division) Decisions >> Cachia & Ors v Faluyi  EWCA Civ 998 (27 June 2001)
Cite as:  PIQR P5,  CP Rep 102,  EWCA Civ 998,  1 All ER 192,  WLR 1966,  1 WLR 1966
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COURT OF APPEAL (CIVIL DIVISION)
ON APPEAL FROM QUEEN'S BENCH DIVISION
(HH Judge Harris QC)
Strand, London, WC2A 2LL
Wednesday 27th June 2001
B e f o r e :
LORD JUSTICE HENRY
LORD JUSTICE BROOKE
| MICHAEL CACHIA & OTHERS
|FRANCIS OLA FALUYI
Smith Bernal Reporting Limited, 190 Fleet Street
London EC4A 2AG
Tel No: 020 7421 4040, Fax No: 020 7831 8838
Official Shorthand Writers to the Court)
Francis Treasure (instructed by L Dawson & Co for the Respondent)
Crown Copyright ©
LORD JUSTICE BROOKE:
"Not more than one action shall lie for and in respect of the same subject-matter of complaint."
Did this mean that if a writ was issued in a Fatal Accidents Act claim brought on behalf of a deceased's dependants but never served, this automatically precluded the bringing of a new action some years later?
"Provided always, and be it enacted, That not more than One Action shall lie for and in respect of the same Subject Matter of Complaint, and that every such Action shall be commenced within Twelve Calendar Months after the Death of such deceased Person." (emphasis added).
"The primary sense of action as a term of legal act is the invocation of the jurisdiction of the court by writ."
LORD JUSTICE HENRY:
MASTER OF THE ROLLS: