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.

Documents

Bereavement damages: draft remedial order

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.

Published 8 May 2019