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A lost cause

17 May 2013
Issue: 7560 / Categories: Features , Family
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Is it time the two-year cohabitation requirement was removed from the Fatal Accidents Act? Jonathan Herring reports

The government has long been seeking to wage a war on the “common law marriage myth”, namely that couples who are living together unmarried are treated in law as if they were married. That, of course, is false.

There are a number of ways that married couples and unmarried couples are treated differently, most notably the availability of financial orders under the Matrimonial Causes Act 1973 on divorce. But, are these differences consistent with human rights law? Are unmarried couples who are treated differently from married ones discriminated against?

Definition of dependants
That issue came to the Court of Appeal in Swift v Secretary of State for Justice [2013] EWCA Civ 193. It concerned s 1(3)(b) Fatal Accidents Act 1976 (FAA 1976) which provides for damages to be awarded to a dependant of a person killed by a wrongful act, neglect or default. The case centred on the definition of a dependant in s 1 (3): “In this Act

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MOVERS & SHAKERS

Kingsley Napley—Claire Green

Kingsley Napley—Claire Green

Firm announces appointment of chief legal officer

Weightmans—Emma Eccles & Mark Woodall

Weightmans—Emma Eccles & Mark Woodall

Firm bolsters Manchester insurance practice with double partner appointment

Gilson Gray—Linda Pope

Gilson Gray—Linda Pope

Partner joins family law team inLondon

NEWS
The landmark Supreme Court’s decision in Johnson v FirstRand Bank Ltd—along with Rukhadze v Recovery Partners—redefine fiduciary duties in commercial fraud. Writing in NLJ this week, Mary Young of Kingsley Napley analyses the implications of the rulings
Barristers Ben Keith of 5 St Andrew’s Hill and Rhys Davies of Temple Garden Chambers use the arrest of Simon Leviev—the so-called Tinder Swindler—to explore the realities of Interpol red notices, in this week's NLJ
Mazur v Charles Russell Speechlys [2025] has upended assumptions about who may conduct litigation, warn Kevin Latham and Fraser Barnstaple of Kings Chambers in this week's NLJ. But is it as catastrophic as first feared?
Lord Sales has been appointed to become the Deputy President of the Supreme Court after Lord Hodge retires at the end of the year
Limited liability partnerships (LLPs) are reportedly in the firing line in Chancellor Rachel Reeves upcoming Autumn budget
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