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05 May 2017 / Nicholas Dobson
Issue: 7744 / Categories: Features , Public
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Cohabitant pension rights have been strengthened by the recent decision of the Supreme Court on the requirement for nomination, explains Nicholas Dobson

  • Requiring a pension scheme member to nominate an informal domestic partner as a condition of her receiving a survivor’s benefit on the death of the pensioner breached Art 14 when read with A1P1 of the European Convention on Human Rights.

In 2015 American singer/songwriter, Angel Easterling told us: ‘I’m a common law wife, living out my life/I ain’t got no license, I’m a common law wife.’ However, in English law the term has social rather than legal significance. And while Robert Lloyd (the 18th century poet and satirist) once told Lord Chief Justice Mansfield that he was born to ‘strip chicanery of its vain pretence’ and ‘marry Common Law to Common Sense’, in England the legal rights of informal domestic cohabitants remain uncertain and highly context specific.

But (in what The Guardian described as a ‘significant extension of unmarried cohabitees’ rights’ which ‘could affect millions of families’), on 8 February 2017

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NEWS
The controversial Courts and Tribunals Bill has passed its second reading by 304 votes to 203, despite concerted opposition from the legal profession
The presumption of parental involvement is to be abolished, the Lord Chancellor David Lammy has confirmed
A highly experienced chartered legal executive has been prevented from representing her client in financial remedies proceedings, in a case that highlights the continued fallout from Mazur
Plans to commandeer 50%-75% of the interest on lawyers’ client accounts to fund the justice system overlook the cost and administrative burden of this on small and medium law firms, CILEX has warned
Lawyers have been asked for their views on proposals to change the penalties for assaulting a police officer
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