8Transitional provisions

8 Transitional provisions Where a cause of action survives for the benefit of the estate of a deceased person by reason of the operation of section 29 of the **Administration and Probate Act 1958** and where proceedings in respect of that cause of action have been instituted at the date of the coming into operation of this Act whereby damages are being claimed for the loss of future probable earnings of the deceased person after the date of his death and where by reason of the coming into operation of the **Administration and Probate (Survival of Actions) Act 1982** the right to recover those damages is removed, a person— (a) who would have been entitled to share in those damages had that action been successful; and (b) who would, if the deceased person had died after the coming into operation of this Act, be entitled to bring an action under Part III of the **Wrongs Act 1958** but who would not have been entitled to bring such an action before the coming into operation of this Act— shall be entitled to bring an action under that Part (notwithstanding section 20(1) of the **Wrongs Act 1958**) as if the deceased person had died on the day upon which this Act comes into operation. [↑](#endnote-ref-2) 2. S. 17: See note 1. [↑](#endnote-ref-3) 3. S. 24: See note 1. [↑](#endnote-ref-4) 4. Ss 24(4A): S. 24(4A) inserted by No. 8330 s. 3(1)(a), repealed by No. 10227 s. 8(c)(i). [↑](#endnote-ref-5) 5. Ss 24(6): S. 24(6) substituted by No. 8330 s. 3(1)(b), amended by No. 9856 s. 5(b), repealed by No. 10227 s. 8(c)(i). [↑](#endnote-ref-6) 6. S. 26: See note 1. [↑](#endnote-ref-7)