Blackwell Deceased [2018] WTLR 1243

Wills & Trusts Law Reports | Winter 2018 #170

The applicant, Mr Warner, was the unmarried partner of the deceased. Before her death they had lived together for 19 years at a property in Tewkesbury. Mr Warner continued to live in this property after her death. Mrs Lewis, the daughter of the deceased, brought a claim in the County Court for possession of the property and for the return of certain items under the Torts (Interference with Goods) Act 1977. Mr Warner defended this claim, and made a separate application for relief under the Inheritance (Provision for Family and Dependants) Act 1975 (‘the 1975 Act’). It was agreed by the pa...

Smith v Lancashire Teaching Hospitals NHS Foundation Trust & ors [2018] WTLR 1469

Wills & Trusts Law Reports | Winter 2018 #170

The 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...