Northern Ireland Executive Consultation: Law of Damages

This consultation is to examine the law on damages in Northern Ireland in connection with fatal accidents or claims for wrongful death, and consider whether, following developments to the law in England and Wales, changes should also be made in Northern Ireland.

The consultation asks questions on three areas:

• Claims for wrongful death
• Bereavement damages
• Damages for gratuitous care.

Our response:

• We agree that the law in Northern Ireland with regard to the recoverability of damages should continue to mirror the law in England and Wales.
• We agree that an additional category of claimants maintained by a deceased person should be added to the list of those eligible for claims for financial loss as dependants. We also agree that a claimant’s new cohabitation or marital status should be taken into account when assessing damages.
• We do not agree that bereavement damages should be abolished or that, should they be maintained, cohabitants and minors should remain ineligible. However, we think that otherwise eligibility should not be extended.
• We agree that a claimant should personally account to the carer for the damages received for past, but not future, gratuitous care.

Read the full response