Commentary on Sections Part 4 – Civil Partnership: Northern Ireland.Introduction Chapter 6 – Miscellaneous Section 207: Fatal accidents claims
399.This section extends the provisions of the Fatal Accidents (Northern Ireland) Order 1977 to include civil partners, so that where a person’s death is caused by the wrongful act, neglect or default of another person, a civil partner of the deceased will be able to claim compensation in the same way as a spouse.
400.Subsections (2), (3) and (4) widen the definition of “dependant” for the purposes of a right of action under the Order to include civil partners and former civil partners of the deceased; any person who was living with the deceased as if they were a civil partner; and any person (not being a child of the deceased) who was treated by the deceased as a child of the family, in relation to any civil partnership to which the deceased was at any time a party.
401.Subsection (5) defines “former civil partner” as a person whose civil partnership with the deceased has been annulled or dissolved.
402.Subsection (6) replaces the reference to a relationship by “affinity” in Article 2(3)(b) of the Order with a reference to a relationship “by marriage or civil partnership”, for the purposes of clarity.
403.Subsection (7)(a) enables a civil partner of the deceased to claim bereavement damages. Subsection (7)(b) prevents a parent of a deceased minor from making a claim for bereavement damages where the minor had entered into a civil partnership.
404.Subsection (8) provides that upon assessing damages payable to a dependant in respect of the death of a person with whom the dependant was living as a civil partner, the court shall take account of the fact that the dependant had no enforceable right to financial support by the deceased as a result of their living together.