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

Government announces extension to fixed recoverable costs, 08 Sep 2021
Department of Justice to set the personal injury discount rate in Northern Ireland at -1.75 per cent, 26 Mar 2021
Whiplash reforms delayed from April 2021 to May 2021, 11 Jan 2021
APIL statement following ministerial announcement to delay whiplash reforms until April 2021, 21 Apr 2020
Reactionary statement following inflationary increase to bereavement damages, 20 Mar 2020
Implementation of the whiplash reform programme, 27 Feb 2020
Response to Scottish personal injury discount rate announcement, 30 Sep 2019
Government responds to MedCo consultation - APIL statement, 05 Sep 2019

More past statements

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