Despite the ongoing COVID-19 crisis, business in Westminster continues and, on 19 March 2020, Parliament passed the Damages for Bereavement (Variation of Sum) (England and Wales) Order 2020, which amended Section 1A(3) of the Fatal Accidents Act 1976 so as to increase Bereavement Damages from £12,980 to £15,120. The increase does not apply retrospectively and will apply to all causes of action in England and Wales accruing on or after 1 May 2020.
The amendment does not, however, change the classes of individuals who are eligible to claim Bereavement Damages under Section 1A(2) of the 1976 Act, which remain:
- Wife, husband or civil partner of the deceased; and
- Where the deceased was a minor who was never married or in a civil partnership, his or her parents (if he or she was legitimate) or his or her mother (if he or she was illegitimate).
Reserves on existing fatal accident claims do not need to be reviewed in light of the increase, however all claims arising out of causes of action accruing on or after 1 May 2020 will have to reflect the increase.
To read the relevant legislation please click here.
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If you would like to know more about this matter, please speak to your contact at Plexus Law:
Thomas Middlebrough, Associate Partner
T: 0113 4681 632 | M: 07557 562 061 | E: firstname.lastname@example.org
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