Only one ‘action’?

The issue was an appeal against the striking-out of a negligence action against solicitors who issued, but failed to serve, a writ in children’s claim for the death of their mother in a road accident. It was held that section 2(3) of the Fatal Accidents Act, providing that not more than one action should lie for the same subject matter, should be construed to allow the children’s right of access to court under the European Convention on Human Rights. In this context ‘action’ meant ‘service of a process’.