On 19 March 2020, the Damages for Bereavement (Variation of Sum) (England and Wales) Order went before Parliament. Given the timing and the subject matter of the Order, you might think it is connected to the coronavirus outbreak but in fact that isn’t the case.
The Order has increased the value of the award for bereavement in fatal accident claims. The Fatal Accidents Act 1976 gives damages to the dependents/family members of someone who dies as a result of the wrongful or negligent act of another. The dependents will be eligible if the deceased would have been able to make a claim and recover damages had they survived. It doesn’t matter who much the deceased could have claimed, the bereavement award is a fixed sum. They are now entitled to £15,120 where it used to be £12,980. This increase will come into effect from 1 May 2020 and will only apply to any claims that accrue after that date.
The categories of dependents who can claim the award are as follows:
- Spouse or former spouse, civil partner or former civil partner of the deceased
- Parent, ascendant or someone treated as a parent of the deceased
- Child, descendant or someone treated as a child or descendant of the deceased
- A brother, sister, uncle, aunt or issue of the deceased
The reason they have increased the award is believed to be in connection with another draft bill in front of Parliament. This is the Remedial Order to the Fatal Accidents Act 1976. The reason the Fatal Accidents Act 1976 has to be remedied is because of the Court of Appeal decision in Smith v Lancashire Teaching Hospitals NHS Foundation Trust and the Secretary of State for Justice. The Court of Appeal determined that the 1976 Act was incompatible with the European Convention on Human Rights because the Act did not allow unmarried but long-term partners to claim the bereavement award. Parliament therefore must amend the Act to make it compatible. It is not yet known when this draft bill will be passed but it will widen the categories of dependents to include unmarried partners so long as long as they were cohabiting with the Deceased for at least two years immediately prior to death.
These Orders and amendments to the legislation are a good demonstration of the impact of the Human Rights Act 1998. This Act ensures that Parliament must amend any legislation which contravenes the European Human Rights Convention. It does beg the question how Parliament will deal with this draft Bill now that the UK is on its way out of the EU. And also how future cases like this one will be impacted?