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Human rights—Discrimination—Family life

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