Westminster Policy News & Legislative Analysis

Northern Ireland bereavement damages rise to £19,700 from 1 Dec

Northern Ireland will raise the statutory award for damages for bereavement to £19,700. The Damages for Bereavement (Variation of Sum) Order (Northern Ireland) 2025 (SR 2025 No. 173) was sealed by the Minister of Justice, Naomi R Long, on 6 November 2025 and comes into operation on 1 December 2025. The Rule applies only to causes of action accruing on or after that date, so earlier cases are unaffected. The measure is published on legislation.gov.uk and amends the Fatal Accidents (Northern Ireland) Order 1977 accordingly.

The legal mechanism is a targeted amendment to Article 3A(3) of the Fatal Accidents (Northern Ireland) Order 1977 (SI 1977/1251 (NI 18)). The 2025 Rule substitutes “£19,700” for “£17,200”, the latter having been in force since SR 2022 No. 243. The change is an uplift of £2,500, around 14.5 percent. As Article 3A establishes a fixed statutory sum, courts do not assess this head of loss on a case-by-case basis; the award is added to any other recoverable losses in a fatal accident claim.

Eligibility is unchanged and remains set out in Article 3A(2) and (4) of the 1977 Order. A claim for damages for bereavement is only for the benefit of the deceased’s husband, wife or civil partner, or-if the deceased was a minor who had never married or entered a civil partnership-for the parents if legitimate, or the mother if not. Cohabiting partners are not listed. Where both parents qualify, the award is divided equally between them.

Transitional scope is precise. SR 2025 No. 173 states that it applies only to causes of action which accrue on or after 1 December 2025. In fatal accident claims, accrual will usually be the date of death. Deaths occurring before 1 December 2025 remain subject to the previous £17,200 figure, regardless of when proceedings are issued or settlement is reached. Practitioners should record the date of death at intake to ensure the correct statutory sum is applied.

The bereavement award sits alongside other heads of loss under the 1977 Order. Article 4 provides that actions are brought by the personal representative; if no action is started within six months, dependants may issue proceedings. Only one action may be brought. Article 5 makes clear that dependency damages and funeral expenses are assessed separately from bereavement damages, which remain a fixed addition set by Article 3A.

Two further statutory points assist case management. First, Article 3A(5) allows the Department of Justice to vary the sum by order subject to negative resolution, enabling future updates without primary legislation. Second, section 14(1A) of the Law Reform (Miscellaneous Provisions) Act (Northern Ireland) 1937 confirms that the right to claim bereavement damages does not survive for the benefit of a claimant’s estate; an eligible person’s entitlement must be asserted in their lifetime.

Operationally, insurers, health and social care bodies, local authorities and defence firms should update reserves and valuation templates for Northern Ireland fatal cases where the death occurs on or after 1 December 2025. Claimant practitioners should check pleadings and settlement correspondence to ensure the correct statutory figure is stated. Pre‑December cases continue to use the prior award unless the cause of action falls within the new commencement window.