Under the common law of England and Wales, the death of a person causes solely emotional and pure economic loss to their relatives.

As a result, inquest juries started to revive the ancient remedy of deodands as a way of penalizing the railways.

Compensation was restricted to the husband, parent, or child of the deceased[8] and was for "such damages ... proportioned to the injury resulting from such death.

In Franklin v. South Eastern Railway (1858),[9] Baron Pollock held that the Act did not grant a Scottish-style solatium but solely damages for economic loss.

Limited compensation for a family's grief was finally granted by the Administration of Justice Act 1982, section 3.