header-logo header-logo

Bereavement damages for cohabiting couples

19 May 2020
Issue: 7887 / Categories: Legal News , Family
printer mail-detail
A draft remedial order to make bereavement damages available to cohabiting couples of two years or more as well as parents, spouses and civil partners has been welcomed by the parliamentary Human Rights Committee

However, MPs and peers on the committee warned the bereavement damages scheme could be susceptible to further human rights challenges. They suggested removing the two-year requirement and removing references to ‘illegitimate children’. They warned the order might also be discriminatory against close family members.

The draft Fatal Accidents Act 1976 (Remedial) Order 2020 aims to correct a gap in the law identified by the Court of Appeal in 2017, Smith v Lancashire Teaching Hospitals [2017] EWCA Civ 1916, where it held the denial of damages to a claimant whose cohabiting partner of 11 years died was a breach of their right to private and family life.

In a situation where a cohabitant and a spouse are eligible, the draft order splits the award equally. The committee was concerned this could lead to unfairness.

Issue: 7887 / Categories: Legal News , Family
printer mail-details

MOVERS & SHAKERS

Gilson Gray—Linda Pope

Gilson Gray—Linda Pope

Partner joins family law team inLondon

Jackson Lees Group—five promotions

Jackson Lees Group—five promotions

Private client division announces five new partners

Taylor Wessing—Max Millington

Taylor Wessing—Max Millington

Banking and finance team welcomes partner in London

NEWS
The landmark Supreme Court’s decision in Johnson v FirstRand Bank Ltd—along with Rukhadze v Recovery Partners—redefine fiduciary duties in commercial fraud. Writing in NLJ this week, Mary Young of Kingsley Napley analyses the implications of the rulings
Barristers Ben Keith of 5 St Andrew’s Hill and Rhys Davies of Temple Garden Chambers use the arrest of Simon Leviev—the so-called Tinder Swindler—to explore the realities of Interpol red notices, in this week's NLJ
Mazur v Charles Russell Speechlys [2025] has upended assumptions about who may conduct litigation, warn Kevin Latham and Fraser Barnstaple of Kings Chambers in this week's NLJ. But is it as catastrophic as first feared?
Lord Sales has been appointed to become the Deputy President of the Supreme Court after Lord Hodge retires at the end of the year
Limited liability partnerships (LLPs) are reportedly in the firing line in Chancellor Rachel Reeves upcoming Autumn budget
back-to-top-scroll