The Fatal Accidents Act 1976 (c. 30) is an act of the Parliament of the United Kingdom, that allows relatives of people killed by the wrongdoing of others to recover damages.

Background The Fatal Accidents Act 1846 (9 & 10 Vict. c. 93) had allowed claims for damages by the relatives of deceased persons for the first time. The 1976 act modernised the process and repealed earlier legislation.

Provisions The act allows claims as stipulated in s. 1(1):

The act allows claims under three heads:Dow & Lill (2007)Lunney & Oliphant (2003) pp. 855-858 Dependency claim (s. 1) – A claim for economic loss by a restricted class of "dependant" defined in s.1(3). Bereavement claim (s. 1A) – A claim in recognition of grief by a further restricted class of "dependant", similar to a solatium in Scottish law. As of 1 May 2020, the amount of the bereavement claim award increased from £11,800 to £15,120. Funeral expenses (s. 3(5)) of the dependants.

An award must take account of any social security benefits received (s. 4).

Repealed enactments Section 6(2) of the act repealed 8 enactments, listed in schedule 2 to the act. +Enactments repealed by section 6(2)CitationShort titleExtent of repeal9 & 10 Vict. c. 93Fatal Accidents Act 1846The whole act.27 & 28 Vict. c. 95Fatal Accidents Act 1864The whole act.24 & 25 Geo. 5. c. 41Law Reform (Miscellaneous Provisions) Act 1934Section 2.8 & 9 Geo. 6. c. 28Law Reform (Contributory Negligence) Act 1945Section 1(4). In section 4 the definition of "dependant".7 & 8 Eliz. 2. c. 65Fatal Accidents Act 1959The whole of section 1 except for subsection (4). Section 2.1971 c. 43Law Reform (Miscellaneous Provisions) Act 1971Part II, but not so as to affect a right to make an application under section 5(2).1973 c. 38Social Security Act 1973In Schedule 27 paragraph 20.1975 c. 54Limitation Act 1975In Schedule 1 paragraph 1.

See also Fatal Accidents Act

Notes

References

Bibliography

Law Commission (1997) "Consultation Paper – Claims for Wrongful Death", LCCP148 Law Commission (1999) "Claims for Wrongful Death – A Final Report", LC263

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