In 2017, the Court of Appeal held the Act incompatible with
the European Convention on Human Rights as it denied bereavement damages to
co-habiting partners who had been living together for at least two years before
one of the partners died, in Smith v Lancashire Teaching Hospitals NHS
Foundation Trust [2017] EWCA Civ 1916.
The government laid the draft Fatal Accidents Act 1976 (Remedial)
Order 2020 remedying the incompatibility on 12 February. It proposes to make
bereavement damages available to co-habitants who lived with the deceased for
at least two years prior to the death, and, where the deceased is separated but
not divorced, to divide the award equally between the cohabitant and spouse.
The Joint Committee on Human Rights has to report to Parliament on whether the draft Order should be approved. It invites submissions from interested parties of no more than 1,500 words by 3 April.
To respond please visit: https://bit.ly/3bijby4
