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12 April 2013
Issue: 7555 / Categories: Case law , Law reports , In Court
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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

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MOVERS & SHAKERS

DAC Beachcroft—Paul Brehony

DAC Beachcroft—Paul Brehony

Commercial disputes practice expands with partner hire in London

Ward Hadaway—Maria Coster

Ward Hadaway—Maria Coster

Partner appointed to lead family and matrimonial department in Leeds

Slater Heelis—Helen Marsh

Slater Heelis—Helen Marsh

Commercial property team expands in Manchester with partner appointment

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A range of options beyond burial, cremation and burial at sea could become legally available, under Law Commission recommendations
Artificial intelligence (AI) legal assistants will be deployed to cut delays in the Crown Court, ministers have announced
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