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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

Boodle Hatfield—Tom McLaughlin

Boodle Hatfield—Tom McLaughlin

Boodle Hatfield welcomes new employment partner, Tom McLaughlin

Arc Pensions Law—Victoria Thompson-Hill, Jonathan Mason & Georgi Ivanov

Arc Pensions Law—Victoria Thompson-Hill, Jonathan Mason & Georgi Ivanov

National specialist pensions law firm strengthens team with three new appointments

Jurit—Christian Abletshauser

Jurit—Christian Abletshauser

Jurit appoints Christian Abletshauser to lead family law practice

NEWS
Burges Salmon appoints Benn Richards to strengthen Contentious Insolvency offering
A High Court decision has clarified that a home may be unfit for human habitation not only where conditions endanger health or safety, but also where they seriously undermine comfort and convenience

A longer time limit for employment tribunal claims, new charity law thresholds, property tribunal recruitment and appellate guidance on small-claims costs feature in the latest Civil Way round-up

A recent High Court ruling could make issue estoppel considerably more complex in cross-border litigation, requiring parties to consider the foreign law governing the underlying claim
The Supreme Court has overturned Cheshire West’s bright-line test for deprivation of liberty, replacing it with a broader, more contextual assessment that gives greater weight to an individual’s wishes, feelings and apparent consent
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