Claim for loss of dependency fails
The High Court has rejected a human rights claim brought by a woman unable to claim for “loss of dependency” under the Fatal Accidents Act 1976 because she lived with her boyfriend for less than two years.
Laurie Swift was unable to claim £400,000 for “loss of dependency” against Davy Markham Ltd, which admitted responsibility for the death at work of her partner, Alan Winters. Their son, who was born after his father’s death, was able to claim £105,000 as a dependent child.
Swift argued that no minimum time period could be justified because any couple living together “as husband and wife” would, by definition, have enjoyed “family life” and a “stable relationship”, in Swift v Justice Secretary [2012] EWHC 2000 (QB), [2012] All ER (D) 225 (Jul).
Mr Justice Eady expressed sympathy for Swift, stating that he could “readily understand the claimant’s frustration and her sense of injustice”, but held that whether the law should be changed, and in what way, were questions for the legislature and executive to resolve.
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