Read v Great Eastern Railway

Read v Great Eastern Railway (1868) LR 3 QB 555[5] was an English tort law case which created a strong authority[6] enshrining the principle that if a deceased person has settled a damages claim discharging all the claims and causes of action against the defendant in full satisfaction within their lifetime,[7][4] no further action can be brought by their representatives if the injured person subsequently dies from the same injuries.

During his lifetime, he brought an action for damages where he accepted a sum in full and final settlement of the injuries caused by the defendant's negligence.

[15] The compromised settlement accepted by D. Read had the effect of precluding him, even if death had not ensued, from further recovery, which in turn meant that his widow, under the provision of the statute (FAA 1846), "could have no better right".

[16] In Reader & Ors v Molesworths Bright Clegg Solicitors [2017] EWCA Civ 169, Read v Great Eastern Railway Company was described as the "oldest authority".

[17] In Thompson & Ors v Arnold [2007] EWHC 1875 (QB), Langstaff J made the point in citing Read v Great Eastern Railway (1868) that the case law had been established for well over a hundred years and that he would have expected any reasonably proficient personal injury practitioner to be aware of the well-known authority which had been followed and recognised "at appellate level" ever since.