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A lost cause

17 May 2013
Issue: 7560 / Categories: Features , Family
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Is it time the two-year cohabitation requirement was removed from the Fatal Accidents Act? Jonathan Herring reports

The government has long been seeking to wage a war on the “common law marriage myth”, namely that couples who are living together unmarried are treated in law as if they were married. That, of course, is false.

There are a number of ways that married couples and unmarried couples are treated differently, most notably the availability of financial orders under the Matrimonial Causes Act 1973 on divorce. But, are these differences consistent with human rights law? Are unmarried couples who are treated differently from married ones discriminated against?

Definition of dependants
That issue came to the Court of Appeal in Swift v Secretary of State for Justice [2013] EWCA Civ 193. It concerned s 1(3)(b) Fatal Accidents Act 1976 (FAA 1976) which provides for damages to be awarded to a dependant of a person killed by a wrongful act, neglect or default. The case centred on the definition of a dependant in s 1 (3): “In this Act

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MOVERS & SHAKERS

Kingsley Napley—Claire Green

Kingsley Napley—Claire Green

Firm announces appointment of chief legal officer

Weightmans—Emma Eccles & Mark Woodall

Weightmans—Emma Eccles & Mark Woodall

Firm bolsters Manchester insurance practice with double partner appointment

Gilson Gray—Linda Pope

Gilson Gray—Linda Pope

Partner joins family law team inLondon

NEWS
Transferring anti-money laundering (AML) and counter-terrorism financing supervision to the Financial Conduct Authority (FCA) could create extra paperwork and increase costs for clients, lawyers have warned 
In this week's NLJ, Bhavini Patel of Howard Kennedy LLP reports on Almacantar v De Valk [2025], a landmark Upper Tribunal ruling extending protection for leaseholders under the Building Safety Act 2022
Writing in NLJ this week, Hanna Basha and Jamie Hurworth of Payne Hicks Beach dissect TV chef John Torode’s startling decision to identify himself in a racism investigation he denied. In an age of ‘cancel culture’, they argue, self-disclosure can both protect and imperil reputations
As he steps down as Chancellor of the High Court, Sir Julian Flaux reflects on over 40 years in law, citing independence, impartiality and integrity as guiding principles. In a special interview with Grania Langdon-Down for NLJ, Sir Julian highlights morale, mentorship and openness as key to a thriving judiciary
Dinsdale v Fowell is a High Court case entangling bigamy, intestacy and modern family structures, examined in this week's NLJ by Shivi Rajput of Stowe Family Law
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