Fatal Accidents Act 1976
| Act of Parliament | |
.svg.png) | |
| Long title | An Act to consolidate the Fatal Accidents Acts. |
|---|---|
| Citation | 1976 c. 30 |
| Territorial extent | England and Wales[b] |
| Dates | |
| Royal assent | 22 July 1976 |
| Commencement | 1 September 1976[c] |
| Other legislation | |
| Amends | |
| Repeals/revokes | See § Repealed enactments |
| Amended by |
|
Status: Amended | |
| Text of statute as originally enacted | |
| Revised text of statute as amended | |
| Text of the Fatal Accidents Act 1976 as in force today (including any amendments) within the United Kingdom, from legislation.gov.uk. | |
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 The 1976 act modernised the process and repealed earlier legislation.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):
If death is caused by any wrongful act, neglect or default which is such as would (if death had not ensued) have entitled the person injured to maintain an action and recover damages in respect thereof, the person who would have been liable if death had not ensued shall be liable to an action for damages, notwithstanding the death of the person injured.
The act allows claims under three heads:[1][2]
- 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).[1]
Repealed enactments
Section 6(2) of the act repealed 8 enactments, listed in schedule 2 to the act.[3]
| Citation | Short title | Extent of repeal |
|---|---|---|
| 9 & 10 Vict. c. 93 | Fatal Accidents Act 1846 | The whole act. |
| 27 & 28 Vict. c. 95 | Fatal Accidents Act 1864 | The whole act. |
| 24 & 25 Geo. 5. c. 41 | Law Reform (Miscellaneous Provisions) Act 1934 | Section 2. |
| 8 & 9 Geo. 6. c. 28 | Law Reform (Contributory Negligence) Act 1945 | Section 1(4). In section 4 the definition of "dependant". |
| 7 & 8 Eliz. 2. c. 65 | Fatal Accidents Act 1959 | The whole of section 1 except for subsection (4). Section 2. |
| 1971 c. 43 | Law Reform (Miscellaneous Provisions) Act 1971 | Part II, but not so as to affect a right to make an application under section 5(2). |
| 1973 c. 38 | Social Security Act 1973 | In Schedule 27 paragraph 20. |
| 1975 c. 54 | Limitation Act 1975 | In Schedule 1 paragraph 1. |
See also
Notes
References
- 1 2 Dow & Lill (2007)
- ↑ Lunney & Oliphant (2003) pp. 855-858
- ↑ "Fatal Accidents Act 1976", legislation.gov.uk, The National Archives, 1976 c. 30
Bibliography
- Dow, D.; Lill, J. (2007). Personal Injury and Clinical Negligence Litigation. London: CLP. pp. Ch. 15. ISBN 1-905391-28-5.
- Law Commission (1997) "Consultation Paper – Claims for Wrongful Death", LCCP148
- Law Commission (1999) "Claims for Wrongful Death – A Final Report", LC263
- Lunney, M.; Oliphant, K. (2003). Tort Law: Text and Materials (2nd ed.). Oxford: Oxford University Press. pp. 851–868. ISBN 0-19-926055-9.
- Speiser, S. M. (1988). Recovery for Wrongful Death and Injury (3rd ed.). London: Callaghan. ASIN B001N4HP0A.
External links
The full text of Fatal Accidents Act 1976 at Wikisource- Text of the Fatal Accidents Act 1976 as in force today (including any amendments) within the United Kingdom, from legislation.gov.uk.
- Text of the Fatal Accidents Act 1976 as originally enacted or made within the United Kingdom, from legislation.gov.uk.