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ARTICLE · 01 DECEMBER 2017

Bereavement Damages Regime Unlawful

Clyde & Co
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The Court of Appeal has found the bereavement damages regime in England and Wales is incompatible with the European Convention on Human Rights (ECHR).

United KingdomLitigation, Mediation & Arbitration
Clyde & Co LLP
Clyde & Co LLP
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Smith v Lancashire Teaching Hospitals NHS Trust &Ors [2017] EWCA Civ 1916

The Court of Appeal has found the bereavement damages regime in England and Wales is incompatible with the European Convention on Human Rights (ECHR).

Overturning the High Court decision, Sir Terence Etherton (Master of the Rolls) held that Section 1A of the Fatal Accidents Act 1976 (FAA) is contrary to Article 8 (Right to respect for private and family life) and Article 14 (Prohibition of discrimination) of the ECHR, to the extent that it prevents cohabiting couples of over two years from being entitled to bereavement damages (currently £12,980).

Whilst cohabitees of two or more years, if dependent upon a deceased, are able to recover dependency damages under Section 1 of the FAA, they are unable to claim bereavement damages under Section 1A.

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