The current law regarding compensation for the death of a partner requires an unmarried couple to have been co-habiting for a minimum of two years to be eligible for any compensation. This means that when Laura Swift’s partner was killed in an accident at work, she was ineligible for a compensation claim as they had only been living together for six months.
Swift and her partner had been together for a year and a half and had been co-habiting for the past six months. Had Swift been living with her partner for the required length of two years, she would have received £400,000 in compensation for her partner’s death.
To receive compensation you must be deemed to be dependent on the individual who has died. Swift herself was not counted as a dependent but her son was. Swift was pregnant at the time of the death and her child, who was born after the death of his father, was given £105,000 as a result of the death.
Ms Swift has hit out at the Fatal Accidents Act 1976 and launched an appeal, claiming that the law is outdated as it does not represent modern family life. Her barrister claims the minimum of a two year live-in relationship is not a reliable predictor of dependence, especially if the couple are involved in a ‘family relationship’. It was also claimed that the law actually discriminates against couples who have not lived together for as long as the two years required and to those who choose not to marry.
The verdict of the Court of Appeal will be released at a later date. We will be examining this decision when it is released, so do keep an eye on our blog which will be updated when the verdict comes through.
If you have any questions in relation to the topics discussed in this article, please contact our expert Personal Injury team in Derby, Leicester and Nottingham on 0800 024 1976 or via our online form.