Association of Personal Injury Lawyers
A not-for-profit organisation representing injured people

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

Lord Chancellor announces discount rate change – APIL response, 15 Jul 2019
NHS Resolution annual report 2018/19: Reaction from the Association of Personal Injury Lawyers (APIL), 12 Jul 2019
APIL's response to the publication of the fixed recoverable costs consultation, 28 Mar 2019
Lord Chancellor announces start of discount rate review – APIL response, 19 Mar 2019
NHS Resolution annual report 2017/18: Reaction from the Association of Personal Injury Lawyers (APIL), 13 Jul 2018
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

More past statements

Head of Public Affairs
Lorraine Gwinnutt
0115 943 5400
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0115 943 5416
jane.hartwell@apil.org.uk

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Lizzy Freeman
0115 943 5431
lizzy.freeman@apil.org.uk