Who may claim bereavement damages under the Fatal Accidents Act 1976 s.1A
Jade, aged 24, was killed in England when a negligently driven van hit her. She was not married and had no civil partner. For the 18 months before her death she lived with her boyfriend, Ravi, as a couple in a flat they rented together. Her parents, with whom she was very close, are both alive. Ravi and Jade's parents each want to claim the statutory bereavement award from the van driver's insurers.
Who is entitled to bereavement damages under the Fatal Accidents Act 1976?
Choose one answer to see the reasoning.
Worked answer
Correct answer E: No one: Ravi had not lived with Jade for two years and Jade was not a minor.
THE RULE TO REMEMBER
Bereavement damages are available only to a spouse or civil partner, a cohabiting partner of at least two years, or the parents of an unmarried minor.
Who may claim bereavement damages under the Fatal Accidents Act 1976 s.1A
Under s.1A(2) of the Fatal Accidents Act 1976, a claim for bereavement damages may be made only for the benefit of (a) the deceased's spouse or civil partner, (aa) the deceased's cohabiting partner, and (b) where the deceased was a minor who was never married or a civil partner, the deceased's parents (or the mother, if the child was illegitimate). Section 1A(2A) defines a cohabiting partner as someone who was living with the deceased in the same household immediately before death and had been doing so for at least two years, as if married or in a civil partnership. Jade was unmarried, and Ravi had lived with her for only 18 months, so he does not qualify. Jade was 24, so her parents cannot claim either, however close the relationship. The list is closed, so no one is entitled to bereavement damages, although any financial dependency claim is a separate matter.
Why A is wrong: Parents may claim bereavement damages only where the deceased was a minor who was never married or a civil partner.
Why B is wrong: A cohabiting partner qualifies only after at least two years of living together in the same household; Ravi had 18 months.
Why C is wrong: Neither Ravi nor the parents fall within s.1A(2), so there is nothing to divide.
Why D is wrong: The mother alone can claim only for an illegitimate minor; Jade was an adult.
A little more practice done.
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