Simon Pedley and Sue Brookes explore the impact of being a cohabitant when one party to a cohabiting relationship dies, and the differences that exist where the parties are not married or in a civil partnership ‘One of the factors the court is under a duty to take into account in exercising its discretion is …
Continue reading "Cohabitants: Be prepared"
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Wills & Trusts Law Reports | Winter 2018 #170The claimant had cohabited with her partner for 11 years until his untimely death, which was caused by the admitted negligence of the first and second defendants.
Under s1 of the Fatal Accidents Act 1976 (FAA), the claimant, as a cohabiting partner for more than two years, was entitled to bring a claim for damages as a dependant of the deceased. This claim was settled by the first and second defendants, who then took no active role in these proceedings. However, the claimant was not able to bring a claim for bereavement damages under s1A FAA, as...
Stephanie Prior reports on whether cohabitees are at a disadvantage claiming damages ‘The law remains unchanged. Cohabitees who have a tie of love and affection for each other, and live together for over two years at the time of their partner’s death, are precluded from being awarded bereavement damages.’ There is no remedy for dependants …
Continue reading "Fatal Accidents Act: Is it time for a change?"
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