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05 May 2017 / Nicholas Dobson
Issue: 7744 / Categories: Features , Public
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Cohabitant pension rights have been strengthened by the recent decision of the Supreme Court on the requirement for nomination, explains Nicholas Dobson

  • Requiring a pension scheme member to nominate an informal domestic partner as a condition of her receiving a survivor’s benefit on the death of the pensioner breached Art 14 when read with A1P1 of the European Convention on Human Rights.

In 2015 American singer/songwriter, Angel Easterling told us: ‘I’m a common law wife, living out my life/I ain’t got no license, I’m a common law wife.’ However, in English law the term has social rather than legal significance. And while Robert Lloyd (the 18th century poet and satirist) once told Lord Chief Justice Mansfield that he was born to ‘strip chicanery of its vain pretence’ and ‘marry Common Law to Common Sense’, in England the legal rights of informal domestic cohabitants remain uncertain and highly context specific.

But (in what The Guardian described as a ‘significant extension of unmarried cohabitees’ rights’ which ‘could affect millions of families’), on 8 February 2017

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MOVERS & SHAKERS

Cripps—Radius Law

Cripps—Radius Law

Commercial and technology practice boosted by team hire

Switalskis—Grimsby

Switalskis—Grimsby

Firm expands with new Grimsby office to serve North East Lincolnshire

Slater Heelis—Will Newman & Lucy Spilsbury

Slater Heelis—Will Newman & Lucy Spilsbury

Property team boosted by two solicitor appointments

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Fresh proposals to criminalise ‘nudification’ apps, prioritise cyberflashing and non-consensual intimate images, and even ban under-16s from social media have reignited debate over whether the Online Safety Act 2023 (OSA 2023) is fit for purpose. Writing in NLJ this week, Alexander Brown, head of technology, media and telecommunications, and Alexandra Webster, managing associate, Simmons & Simmons, caution against reactive law-making that could undermine the Act’s ‘risk-based and outcomes-focused’ design
Recent allegations surrounding Peter Mandelson and Andrew Mountbatten-Windsor have reignited scrutiny of the ancient common law offence of misconduct in public office. Writing in NLJ this week, Simon Parsons, teaching fellow at Bath Spa University, asks whether their conduct could clear a notoriously high legal hurdle
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A Court of Appeal ruling has drawn a firm line under party autonomy in arbitration. Writing in NLJ this week, Masood Ahmed, associate professor at the University of Leicester, analyses Gluck v Endzweig [2026] EWCA Civ 145, where a clause allowing arbitrators to amend an award ‘at any time’ was held incompatible with the Arbitration Act 1996
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