6.2.2. English Law

In English law, injury caused to dependants is covered by the Fatal Accidents Act 1976. Under this statute, an independent cause of action is granted to near relatives of the deceased for dependency loss and bereavement damages on condition that the deceased could have sued for his injury at the moment of death had the death not taken place.⁴⁰⁶

In terms of those eligible to sue under the Act, a distinction is drawn depending upon the loss for which damages are claimed. First, the legislation provides for an action by the spouse of the deceased or the parents of a minor who was never married to claim damages for bereavement. These bereavement damages are fixed at a level of £10,000.⁴⁰⁷

Secondly, the Fatal Accidents Act 1976 provides for the recovery of dependency loss. The circle of eligible dependants has been increased gradually by the legislature, but it was not until 1982—four year after the Conseil d'Etat—⁴⁰⁸ that an action by an unmarried partner was allowed.⁴⁰⁹ A broader category of persons than for bereavement damages is now covered. The statute allows claims by spouses and former spouses of the deceased, and non-married partners;⁴¹⁰ parents, other ascendants of the (p.232) deceased or persons so treated, any child or other descendants, or person treated by the deceased as a child of the family in relation to any marriage of the deceased;⁴¹¹ and any person who is, or is the issue of, a brother, sister, uncle, or aunt of the deceased.⁴¹²

The principle on which damages are awarded for dependency loss is whether the claimant had a reasonable expectation of pecuniary benefit from the deceased's continuance of life.⁴¹³ Pecuniary benefit has been widely interpreted to include a wife's performance of ordinary household duties⁴¹⁴ and the services of a mother.⁴¹⁵ As well as actual dependence, reasonable expectation also encompasses the probability that the deceased would have provided such a benefit, for instance if a child dies shortly before completing an apprenticeship leading to paid employment.⁴¹⁶ Even where a married couple are separated at the time of death, the courts will award damages if there was a reasonable chance of reconciliation.⁴¹⁷

The method of calculation cannot be described in detail here, but an outline will be given.⁴¹⁸ The court will calculate a multiplicand representing the annual value of the lost dependency. Account will be taken of potential salary increases where there was a reasonable prospect of a rise in the deceased's salary.⁴¹⁹ Then, the court will determine the proportion of the salary which represents the annual value of the lost dependency. The determination of this fraction depends upon the factual circumstances, but two-thirds of the annual salary is generally taken for a childless widow and three-quarters for a family with children.⁴²⁰ The resultant multiplicand is then multiplied by a factor depending upon the age and prospects of the deceased,⁴²¹ with discounts made for the vicissitudes of life⁴²² and for the fact that the payment is made by lump sum on which interest will accrue.⁴²³ The court calculates the earnings between the (p.233) death and trial as special damages, including inflationary pressures.⁴²⁴ The future loss of earnings in the post-trial period is based upon the estimated rate of earnings at the date of trial.⁴²⁵ But no allowance will be made for future inflation.⁴²⁶

On a final point, it should be noted that the statutory provisions are generous in respect of financial benefits which accrue to the dependant on the death of the deceased.⁴²⁷ Courts will disregard any pension payments and proceeds of insurance policies.⁴²⁸ Consequently, the family may be left in a better financial position than prior to the primary victim's death.