In the recent case of
Smith v Lancashire Teaching Hospitals NHS Trust &
Ors the Court of Appeal found the bereavement damages
regime in England and Wales to be incompatible with the European
Convention on Human Rights (ECHR).
Overturning the
High Court decision, Sir Terence Etherton (Master of the Rolls)
held that Section 1A of the Fatal Accidents Act 1976 (FAA) is
contrary to Article 8 (Right to respect for private and family
life) and Article 14 (Prohibition of discrimination) of the ECHR,
to the extent that it prevents cohabiting couples of over two years
from being entitled to bereavement damages (currently
£12,980).
The Court of Appeal made a declaration of incompatibility under
s.4 of the Human Rights Act 1998 (HRA), as it was impossible to
interpret the provision to make it compliant with the ECHR.
However, the current law will remain in place until it is amended
by statute and will still be applied by the courts in its current
form.
