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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

Jurit LLP—Caroline Williams

Jurit LLP—Caroline Williams

Private wealth and tax team welcomes cross-border specialist as consultant

Freeths—Michelle Kirkland Elias

Freeths—Michelle Kirkland Elias

International hospitality and leisure specialist joins corporate team as partner

Flint Bishop—Deborah Niven

Flint Bishop—Deborah Niven

Firm appoints head of intellectual property to drive northern growth

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