Guidance

Bereavement damages: draft remedial order

A draft remedial order to amend section 1A of the Fatal Accidents Act 1976 to allow an award of bereavement damages to a new category of claimant.

• From: Ministry of Justice
• Published: 8 May 2019
• Last updated: 12 February 2020 — See all updates

Documents

Bereavement damages: draft remedial order

Ref: ISBN 978-1-5286-1261-6

PDF, 442 KB, 16 pages

Government response: 21st report from the Joint Committee on Human Rights, Session 2017 to 2019

Ref: ISBN 978-1-5286-1740-6, HC 2225

PDF, 583 KB, 24 pages

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Details

This proposed remedial order provides for the award of bereavement damages under section 1A of the Fatal Accidents Act 1976 to be available to a person who has cohabited with the deceased person for a period of at least 2 years immediately prior to the death. This rectifies an incompatibility with the European Convention on Human Rights identified by the Court of Appeal.

Comments about the proposed remedial order may be sent to the Ministry of Justice at the address given in the document.

This remedial order has completed its passage through Parliament and comes into effect on 6 October 2020. It applies to causes of action which accrue on or after 6 October 2020.

Published 8 May 2019
Last updated 12 February 2020 + show all updates

1. 12 February 2020

   Government response: 21st report from the Joint Committee on Human Rights, Session 2017 to 2019 published.

2. 8 May 2019

   First published.