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