Section 1A Bereavement.

England and Wales

(1)

An action under this Act may consist of or include a claim for damages for bereavement.

(2)

A claim for damages for bereavement shall only be for the benefit—

(a)

of the wife or husband F1or civil partner of the deceased;

F2(aa)

of the cohabiting partner of the deceased; and

(b)

where the deceased was a minor who was never married F3or a civil partner—

(i)

of his parents, if he was legitimate; and

(ii)

of his mother, if he was illegitimate.

F4(2A)

In subsection (2) “cohabiting partner” means any person who—

(a)

was living with the deceased in the same household immediately before the date of the death; and

(b)

had been living with the deceased in the same household for at least two years before that date; and

(c)

was living during the whole of that period as the wife or husband or civil partner of the deceased.

(3)

Subject to subsection (5) below, the sum to be awarded as damages under this section shall be F5£15,120.

(4)

Where there is a claim for damages under F6subsection (2)(a) and (aa), or under subsection (2)(b), for the benefit of F7more than one person, the sum awarded shall be divided equally between them (subject to any deduction falling to be made in respect of costs not recovered from the defendant).

(5)

The Lord Chancellor may by order made by statutory instrument, subject to annulment in pursuance of a resolution of either House of Parliament, amend this section by varying the sum for the time being specified in subsection (3) above.

Annotations

Textual amendments

F1: Words in s. 1A(2)(a) inserted (5.12.2005) by Civil Partnership Act 2004 (c. 33), ss. 83(7)(a), 263(2); S.I. 2005/3175, art. 2(1), Sch. 1
F2: S. 1A(2)(aa) inserted (6.10.2020) by The Fatal Accidents Act 1976 (Remedial) Order 2020 (S.I. 2020/1023), arts. 1(1), 2(2) (with art. 1(2))
F3: Words in s. 1A(2)(b) inserted (5.12.2005) by Civil Partnership Act 2004 (c. 33), ss. 83(7)(b), 263(2); S.I. 2005/3175, art. 2(1), Sch. 1
F4: S. 1A(2A) inserted (6.10.2020) by The Fatal Accidents Act 1976 (Remedial) Order 2020 (S.I. 2020/1023), arts. 1(1), 2(3) (with art. 1(2))
F5: Sum in s. 1A(3) substituted (1.5.2020 with effect in accordance with art. 1(2) of the amending S.I.) by The Damages for Bereavement (Variation of Sum) (England and Wales) Order 2020 (S.I. 2020/316), arts. 1(1), 2
F6: Words in s. 1A(4) substituted (6.10.2020) by The Fatal Accidents Act 1976 (Remedial) Order 2020 (S.I. 2020/1023), arts. 1(1), 2(4)(a) (with art. 1(2))
F7: Words in s. 1A(4) substituted (6.10.2020) by The Fatal Accidents Act 1976 (Remedial) Order 2020 (S.I. 2020/1023), arts. 1(1), 2(4)(b) (with art. 1(2))