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19 May 2020
Issue: 7887 / Categories: Legal News , Family
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Bereavement damages for cohabiting couples

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
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MOVERS & SHAKERS

Hogan Lovells—Lisa Quelch

Hogan Lovells—Lisa Quelch

Partner hire strengthens global infrastructure and energy financing practice

Sherrards—Jan Kunstyr

Sherrards—Jan Kunstyr

Legal director bolsters international expertise in dispute resolution team

Muckle LLP—Stacey Brown

Muckle LLP—Stacey Brown

Corporate governance and company law specialist joins the team

NEWS

NOTICE UNDER THE TRUSTEE ACT 1925

HERBERT SMITH STAFF PENSION SCHEME (THE “SCHEME”)

NOTICE TO CREDITORS AND BENEFICIARIES UNDER SECTION 27 OF THE TRUSTEE ACT 1925
Law firm HFW is offering clients lawyers on call for dawn raids, sanctions issues and other regulatory emergencies
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Non-molestation orders are meant to be the frontline defence against domestic abuse, yet their enforcement often falls short. Writing in NLJ this week, Jeni Kavanagh, Jessica Mortimer and Oliver Kavanagh analyse why the criminalisation of breach has failed to deliver consistent protection
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