The Law Reports (Queen's Bench Division)
[2018] QB 804
Court of Appeal
Smith
v
Lancashire Teaching Hospitals NHS Foundation Trust and others
[2017] EWCA Civ 1916
2017 Nov 7;
28
Sir Terence Etherton MR, McCombe LJ, Sir Patrick Elias
Human rights— Respect for family life— Discrimination against cohabitees— Statutory scheme for bereavement damages providing for spouse or civil partner of deceased but not cohabitees to receive damages from tortfeasor causing death of deceased— Statutory scheme for dependency damages extended to include cohabitees of more than two years— Whether scheme of bereavement damages falling within Convention rights to respect for family life and non-discrimination— Whether scheme incompatible with Convention rights—
Fatal Accidents Act 1976 (c 30), s 1A(2)(a) (as inserted by Administration of Justice Act 1982 (c 53), ss 3(1), 73(1) and amended by Civil Partnership Act 2004 (c 33), s 83(7)(a))
—
Human Rights Act 1998 (c 42), ss 3, 4, Sch 1, Pt I, arts 8, 14
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