header-logo header-logo

12 April 2013
Issue: 7555 / Categories: Case law , Law reports , In Court
printer mail-detail

Human rights—Discrimination—Family life

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

Court of Appeal, Civil Division, 18 Mar 2013, Lord Dyson MR, Lord Justice Lewison & Lord Justice Treacy

The two year minimum period of cohabitation required to bring a claim under s 1(3) of the Fatal Accidents Act 1976 is not in breach of the non-discrimination requirement of Art 14 of the European Convention on Human Rights, nor the right to family life under Art 8.

Robert Weir QC (instructed by Slater and Gordon (UK) LLP) for the claimant. Jason Coppel (instructed by the Treasury Solicitor) for the Secretary of State.

The claimant had been cohabiting with W for approximately six months when W was fatally injured in an accident at work as a result of the admitted negligence of a third party tortfeasor. Their child, who was born after his death, was able to make a claim for loss of dependency under s 1(3)(e) of the Fatal Accidents Act 1976 (FAA 1976). The claimant could

If you are not a subscriber, subscribe now to read this content
If you are already a subscriber sign in
...or Register for two weeks' free access to subscriber content

MOVERS & SHAKERS

Clarke Willmott—Matthew Roach

Clarke Willmott—Matthew Roach

Partner joins commercial property team in Taunton office

Farrer & Co—Richard Lane

Farrer & Co—Richard Lane

Londstanding London firm appoints new senior partner

Bird & Bird—Sue McLean

Bird & Bird—Sue McLean

Commercial team in London welcomes technology specialist as partner

NEWS
What safeguards apply when trust corporations are appointed as deputy by the Court of Protection? 
Disputing parties are expected to take part in alternative dispute resolution (ADR), where this is suitable for their case. At what point, however, does refusing to participate cross the threshold of ‘unreasonable’ and attract adverse costs consequences?
When it comes to free legal advice, demand massively outweighs supply. 'Millions of people are excluded from access to justice as they don’t have anywhere to turn for free advice—or don’t know that they can ask for help,' Bhavini Bhatt, development director at the Access to Justice Foundation, writes in this week's NLJ
When an ex-couple is deciding who gets what in the divorce or civil partnership dissolution, when is it appropriate for a third party to intervene? David Burrows, NLJ columnist and solicitor advocate, considers this thorny issue in this week’s NLJ
NLJ's latest Charities Appeals Supplement has been published in this week’s issue
back-to-top-scroll