Swift v Secretary of State for Justice [2013] EWCA Civ 193 (18 March 2013)

Swift v Secretary of State for Justice [2013] EWCA Civ 193 (18 March 2013)

Section 1(3)(b) of the Fatal Accidents Act 1976, requiring two years' cohabitation for dependency claims, is a proportionate and justified legislative measure within Parliament's margin of discretion in social policy. The difference in treatment is not arbitrary or manifestly without reasonable foundation and does not breach Article 14 in conjunction with Article 8 of the ECHR.

Citation
[2013] EWCA Civ 193
Parties
Appellant/claimant: Laurie Swift; Respondent/defendant: Secretary of State for Justice
Jurisdiction
England and Wales
Judgment Date
18 March 2013
Procedural Posture
Appeal (civil) / Appeal From High Court Judgment Dismissing Claim
Outcome
Appeal dismissed
Legal Topics
Discrimination Under Article 14 ECHR, Right to Respect for Family Life Under Article 8 ECHR, Statutory Interpretation of Fatal Accidents Act 1976, Proportionality and Justification of Legislative Measures, Margin of Appreciation/discretion in Social Policy
Human Rights Law Tort Law Civil Procedure Discrimination Under Article 14 ECHR Right to Respect for Family Life Under Article 8 ECHR Statutory Interpretation of Fatal Accidents Act 1976 Proportionality and Justification of Legislative Measures Margin of Appreciation/discretion in Social Policy

Case Brief

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Parties

Laurie Swift

Appellant/claimant

Secretary of State for Justice

Respondent/defendant

Procedural Posture

Appeal (civil) / Appeal From High Court Judgment Dismissing Claim

Legal Issues

  1. 1 Whether section 1(3)(b) of the Fatal Accidents Act 1976 is incompatible with Article 14 (non-discrimination) in conjunction with Article 8 (family life) of the European Convention on Human Rights
  2. 2 Whether the two-year cohabitation requirement for dependency claims is objectively justified and proportionate
  3. 3 Whether the statutory exclusion of cohabitants of less than two years is arbitrary or disproportionate

Ratio Decidendi

Section 1(3)(b) of the Fatal Accidents Act 1976, requiring two years' cohabitation for dependency claims, is a proportionate and justified legislative measure within Parliament's margin of discretion in social policy. The difference in treatment is not arbitrary or manifestly without reasonable foundation and does not breach Article 14 in conjunction with Article 8 of the ECHR.

Court Disposition

Appeal dismissed

Orders

  • Claim dismissed
  • No declaration of incompatibility under the Human Rights Act 1998