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29 September 2020
Issue: 7904 / Categories: Legal News , Human rights
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Bereavement reform for cohabitees

Cohabiting partners will be entitled to a bereavement payment along with married partners next week, following a change to the Fatal Accident Act
Under the 1976 Act, a statutory payment of £12,980 is made where a spouse dies as a result of negligence. From 6 October, the Act extends its scope to include a ‘cohabiting partner of the deceased living in the same household immediately before the date of death, and… for at least two years before that date’.

The reform is the result of the landmark case of Smith v Lancashire teaching Hospitals [2017] EWCA Civ 1916, when Jacqueline Smith, represented by Slater & Gordon, was told she didn’t qualify for a payment because she was not married to her partner of 16 years.

The Court of Appeal made a declaration of incompatibility on the basis the category restriction contravened Art 14 in conjunction with Art 8 of the European Convention on Human Rights.

Issue: 7904 / Categories: Legal News , Human rights
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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

NEWS
Talk of a reserved ‘Welsh seat’ on the Supreme Court is misplaced. In NLJ this week, Professor Graham Zellick KC explains that the Constitutional Reform Act treats ‘England and Wales’ as one jurisdiction, with no statutory Welsh slot
The government’s plan to curb jury trials has sparked ‘jury furore’. Writing in NLJ this week, David Locke, partner at Hill Dickinson, says the rationale is ‘grossly inadequate’
A year after the $1.5bn Bybit heist, crypto fraud is booming—but so is recovery. Writing in NLJ this week, Neil Holloway, founder and CEO of M2 Recovery, warns that scams hit at least $14bn in 2025, fuelled by ‘pig butchering’ cons and AI deepfakes
After Woodcock confirmed no general duty to warn, debate turns to the criminal law. Writing in NLJ this week, Charles Davey of The Barrister Group urges revival of misprision or a modern equivalent
Family courts are tightening control of expert evidence. Writing in NLJ this week, Dr Chris Pamplin says there is ‘no automatic right’ to call experts; attendance must be ‘necessary in the interests of justice’ under FPR Pt 25
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