Smith (suing in her own right and as the surviving partner of Bulloch, deceased) v Lancashire Teaching Hospitals NHS Foundation Trust and others

Fatal accident – Action. The current scheme for bereavement damages in s 1A of the Fatal Accidents Act 1996 with its exclusion of unmarried cohabitees fell within the ambit of art 8 of the European Convention on Human Rights. The Court of Appeal, Civil Division found that there was a link with the core value of respect for family life in art 8 of the Convention and accordingly the appeal would be allowed.

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