King's / Queen's Bench Division of the High Court

KB-2025-MAN-000051 - [2025] EWHC 1926 (KB)

Fecha: 25-Jul-2025

Relevant Statutes

Relevant Statutes

Section 1A of the 1976 Act provides as follows:

1A. — Bereavement.

(1)

An action under this Act may consist of or include a claim for damages for bereavement.

……

(3)

…… the sum to be awarded as damages under this section shall be £15,120

10.

Section 1 of the 1934 Act provides as follows:

1.— Effect of death on certain causes of action.

(1)

Subject to the provisions of this section, on the death of any person after the commencement of this Act all causes of

action subsisting against or vested in him shall survive against, or, as the case may be, for the benefit of, his estate. Provided that this subsection shall not apply to causes of action for defamation

(1A) The right of a person to claim under section 1A of the Fatal Accidents Act 1976 (bereavement) shall not survive for the benefit of his estate on his death.

(2)

Where a cause of action survives as aforesaid for the benefit of the estate of a deceased person, the damages recoverable for the benefit of the estate of that person—

(a)

shall not include—

(i)

any exemplary damages;

(ii)

any damages for loss of income in respect of any period after that person’s death;

…….