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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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MOVERS & SHAKERS

Thackray Williams—Lucy Zhu

Thackray Williams—Lucy Zhu

Dual-qualified partner joins as head of commercial property department

Morgan Lewis—David A. McManus

Morgan Lewis—David A. McManus

Firm announces appointment of next chair

Burges Salmon—Rebecca Wilsker

Burges Salmon—Rebecca Wilsker

Director joins corporate team from the US

NEWS
What safeguards apply when trust corporations are appointed as deputy by the Court of Protection? 
Disputing parties are expected to take part in alternative dispute resolution (ADR), where this is suitable for their case. At what point, however, does refusing to participate cross the threshold of ‘unreasonable’ and attract adverse costs consequences?
When it comes to free legal advice, demand massively outweighs supply. 'Millions of people are excluded from access to justice as they don’t have anywhere to turn for free advice—or don’t know that they can ask for help,' Bhavini Bhatt, development director at the Access to Justice Foundation, writes in this week's NLJ
When an ex-couple is deciding who gets what in the divorce or civil partnership dissolution, when is it appropriate for a third party to intervene? David Burrows, NLJ columnist and solicitor advocate, considers this thorny issue in this week’s NLJ
NLJ's latest Charities Appeals Supplement has been published in this week’s issue
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