Challenge to the Fatal Accidents Act regime

Smith v Lancashire Teaching Hospitals NHS Foundation Trust [2017] EWCA Civ 1916

The Court of Appeal has heard a challenge to the Fatal Accidents Act 1976 s1A on the grounds that it is incompatible with ECHR art 14, read in conjunction with art 8, in its exclusion of cohabitees of over two years from entitlement to bereavement damages. The court considered the correct test for determining whether the scheme was within the ambit of art 8, engaging art 14.