Can Funeral Expenses always be recovered in Fatal Accident Cases?

Articles

08/02/2016

While funeral expenses should be pleaded in all fatal accidents cases, Cyrus Katrak warns practitioners to beware of Brown –v- Hamid [2013] EWHC 4067 (QB). In that case the Defendant was found to have accelerated the Claimant’s pre-existing symptoms and death. The judge found that the period of acceleration was around 12 months.

When considering the claim for funeral expenses, the Judge noted: “However although damages for the recovery of funeral expenses “may” be recovered and indeed usually are recovered under s.3(5) of the 1976 Act, in the circumstances of this case, namely the acceleration of the symptoms associated with a pre-existing condition by a relatively short period of time, I do not consider that it would be appropriate to make such an award.”

I do not consider that this was a correct decision. We all die, so in a sense every Fatal Accident Claim is an accelerated death case. As to that period of acceleration, does death 1 day / 1 month / 1 year earlier prevent an award of funeral expenses? This seems completely arbitrary.

The Judge’s reasoning also seems at odds given that he awarded bereavement damages under the Fatal Accidents Act 1976.

There is also conflict on this point in respect of living Claimant’s whose life expectancy has been shortened. In Bateman v. Hydro Agri (UK) Ltd (September 15, 1995) a High Court judge held that funeral expenses were a valid claim. The claimant was suffering from mesothelioma and was likely to die within three months of the date of the trial.

However, in Watson –v- Cakebread Robey Ltd [2009] EWHC 1695 (QB) the Judge held that funeral expenses are not recoverable by a living claimant whose life expectancy was reduced by 9 months, although of course, once the Claimant died a claim could presumably have been brought under the Law Reform (Miscellaneous Provisions) Act 1934.

Thus there is plenty of scope for Claimants to argue these points should they be raised by Defendants in their defence or at trial.

Featured Counsel

Cyrus Katrak

Call 1991

Latest News & Events

Adam Dawson awarded MBE in King’s Birthday Honours List 2025

Chambers congratulates Adam Dawson upon being awarded an MBE for services to charity and service to the Jewish Community. For over 30 years Adam has been involved in the heart of the Jewish community, leading several charities and organisations. After a year as Chair of…

The Dekagram: 9th June 2025

This week Russell Wilcox and Thomas Clarke examine whether in applications to set aside default judgment there exists such a thing as a ‘co-defendant principle’; essential reading for all practitioners. Co-defendants and Applications to Set Aside: the More the Merrier? In the recent case of…

URS v BDW – The winner takes it all…

Introduction On Wednesday 21st of May, the Supreme Court handed down judgment in the long-awaited case of URS Corporation Ltd v BDW Trading Ltd [2025] UKSC 21.  The judgment was awaited by almost all with an interest in construction law and related professional negligence. BDW…

Subscribe to our mailing list

Deka Chambers: 5 Norwich Street, London EC4A 1DR

© Deka Chambers 2025

Search

Portfolio Builder

Select the expertise that you would like to download or add to the portfolio

Download    Add to portfolio   
Portfolio
Title Type CV Email

Remove All

Download


Click here to share this shortlist.
(It will expire after 30 days.)