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APIL's reaction to a court of appeal ruling in relation to eligibility for bereavement damages

28 Nov 2017
APIL news

APIL president Brett Dixon said:


“Ms Smith’s case highlights an area of our justice system about which we should be ashamed. The law on bereavement damages in England and Wales is desperately out of touch. The price of a life is valued at an arbitrary figure and anyone other than a spouse or civil partner and some parents of under 18s are not deemed close enough to the deceased to make a claim for their loss and suffering. Let’s not forget that their loved ones would still be alive were it not for the negligence of others. Bereaved families deserve better.


Of course, no amount of money can ever replace someone who has been killed, but the law treats bereaved families in Scotland with much greater understanding. In Scotland, the amount awarded relies on legal precedent and a proper examination of the closeness of the bereaved to the deceased, to ensure that any payments are fair and this has been the case for 40 years. An overhaul of the law in England and Wales is greatly overdue”.

Past statements and comments

Civil Liability Bill debate on whiplash reform in the House of Lords - reaction from the Association of Personal Injury Lawyers (APIL), 13 Jun 2018
Reaction from the Association of Personal Injury Lawyers (APIL) to the Justice Select Committee report on increasing the small claims limit for personal injury (17 May 2018), 17 May 2018
Fixed costs for personal injury claims against the NHS: APIL response, 15 Feb 2018
MoJ decides on April 2019 to implement whiplash reforms, 12 Feb 2018
APIL's response to the Justice Select Committee report , 30 Nov 2017
Rapid resolution and redress scheme , 28 Nov 2017
Reaction to Government's response to consultation on setting the discount rate, 07 Sep 2017
Response to National Audit Office report and recommendations for managing the costs of clinical negligence in trusts, 06 Sep 2017

More past statements

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