UK Parliament / Open data

Damages

Proceeding contribution from Chris Philp (Conservative) in the House of Commons on Monday, 15 June 2020. It occurred during Debates on delegated legislation on Damages.

I beg to move, That the draft Fatal Accidents Act 1976 (Remedial) Order 2020, which was laid before this House on 12 February, be approved.

This draft order seeks to rectify an incompatibility with the European convention on human rights identified by the Court of Appeal in the 2017 case of Smith v. Lancashire Teaching Hospitals. It relates to limits on the categories of person eligible to receive an award of bereavement damages under section 1A of the Fatal Accidents Act 1976, as amended in 1982, which excludes a person who has cohabited with the deceased person. The draft order was laid in Parliament on 12 February 2020 and the terms of the Human Rights Act 1998 specify that remedial orders require the order to be strictly focused on rectifying the incompatibility and not on any wider issues no matter how much merit those wider issues may have.

About this proceeding contribution

Reference

677 cc605-952 

Session

2019-21

Chamber / Committee

House of Commons chamber
Back to top