The Department for Constitutional Affairs has published a consultation paper proposing changes to parts of the civil law on damages today.
The paper sets out various issues relating to the law on damages. In particular, it:
· includes recommendations for changes to the Fatal Accidents Act 1976 to extend the categories of people who would be eligible to claim damages for bereavement, and as dependants of the person who had died;
· seeks views on the principles surrounding the ability of people injured to claim damages for the cost of private medical treatment, and on the relationship between public and private provision of care and accommodation services;
· considers the law on claims for psychiatric illness and proposes to allow the courts to continue to develop the law in this area rather than introduce legislation;
· other areas considered in the paper are the law on aggravated and restitutionary damages; and the treatment in damages awards of collateral benefits, gratuitous care and services, and accommodation expenses.
