Section 5
Persons entitled to bring action
of Fatal Accidents and Personal Injuries Act
(1)
The action shall be brought by and in the name of the executor or administrator of the deceased.
(2)
If —
(a)
there is no executor or administrator of the deceased; or
(b)
no action is brought within 6 months after the death by and in the name of an executor or administrator of the deceased,
* Transferred from the Minister of Law to the Attorney General with effect from 24th February 1999 – [S 12/1999]
Fatal Accident and Personal Injuries 8
the action may be brought by and in the name of all or any of the persons for whose benefit an executor or administrator could have brought it.
(3)
Not more than one action shall lie for and in respect of the same subject matter of complaint.
(4)
The plaintiff in the action shall be required to deliver to the defendant or his advocate and solicitor full particulars of the persons for whom 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.