Fatal Accidents (Northern Ireland) Order 1977

Assessment of damages N.I.

5.— [F1 (1) In the action such damages, other than damages for bereavement, may be awarded as are proportioned to the injury resulting from the death to the dependants respectively.

(1A) After deducting the costs not recovered from the defendant any amount recovered otherwise than as damages for bereavement shall be divided among the dependants in such shares as may be directed.]

(2) In paragraph[F1 (1A)] “directed” means—

(a) where the court seized of the proceedings consists of a judge sitting with a jury, directed by the jury; and

(b) in any other case, directed by the judge.

(3) [F1 In an action under this Order where there fall to be assessed damages payable to a [F2 surviving spouse] in respect of the death of [F3 that person’s spouse]] there shall not be taken into account the remarriage of the [F2 surviving spouse] or [F4 the surviving spouse’s] prospects of remarriage.

[F1 (3A) In an action under this Order where there fall to be assessed damages payable to a person who is a dependant by virtue of Article 2(2)(b) in respect of the death of the person with whom the dependant was living as husband or wife[F5 or civil partner] there shall be taken into account (together with any other matter that appears to the court to be relevant to the action) the fact that the dependant had no enforceable right to financial support by the deceased as a result of their living together.]

(4) If the dependants have incurred funeral expenses in respect of the deceased, damages may be awarded in respect of these expenses.

(5) Money paid into court in satisfaction of a cause of action under this Order may be in one sum without specifying[F1 any person's share].

F1 1982 c. 53

F2 Words in art. 5(3) substituted (13.1.2020) by The Marriage (Same-sex Couples) and Civil Partnership (Opposite-sex Couples) (Northern Ireland) Regulations 2019 (S.I. 2019/1514), regs. 1(2), 134(a) (with regs. 6-9)

F3 Words in art. 5(3) substituted (13.1.2020) by The Marriage (Same-sex Couples) and Civil Partnership (Opposite-sex Couples) (Northern Ireland) Regulations 2019 (S.I. 2019/1514), regs. 1(2), 134(b) (with regs. 6-9)

F4 Words in art. 5(3) substituted (13.1.2020) by The Marriage (Same-sex Couples) and Civil Partnership (Opposite-sex Couples) (Northern Ireland) Regulations 2019 (S.I. 2019/1514), regs. 1(2), 134(c) (with regs. 6-9)

F5 2004 c.33