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28 March 2013
Categories: Case law , Law digest
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Human rights

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Swift v Secretary of State for Justice [2013] EWCA Civ 193,  [2013] All ER (D) 155 (Mar)

Section 1(3)(b) of the Fatal Accidents Act 1976 was not incompatible with Art 14 of the European Convention on Human Rights when read in conjunction with Art 8. It was a proportionate means of pursuing a legitimate aim. Even if Art 14 of the Convention was engaged, the difference in treatment of cohabitees on the basis of two years’ cohabitation was justified.

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