Smith v Lancashire Teaching Hospitals NHS Foundation Trust& Ors (Rev 2) [2017] EWCA Civ 1916 (28 November 2017)

Smith v Lancashire Teaching Hospitals NHS Foundation Trust& Ors (Rev 2) [2017] EWCA Civ 1916 (28 November 2017)

The exclusion of 2 years+ cohabitees from bereavement damages under section 1A of the Fatal Accidents Act 1976 falls within the ambit of Article 8 ECHR for the purposes of Article 14, is discriminatory, and is not justified. The court cannot interpret section 1A compatibly, so a declaration of incompatibility is appropriate.

Citation
[2017] EWCA Civ 1916
Parties
Appellant: Jacqueline Smith; First Respondent: Lancashire Teaching Hospitals NHS Foundation Trust; Second Respondent: Lancashire Care NHS Foundation Trust; Third Respondent: Secretary of State for Justice
Jurisdiction
England and Wales
Judgment Date
28 November 2017
Procedural Posture
Civil Appeal / Court of Appeal Judgment on Appeal From High Court
Outcome
Appeal allowed in part; declaration of incompatibility granted.
Legal Topics
Bereavement Damages, Discrimination, Interpretation of Legislation, Article 8 ECHR, Article 14 ECHR, Fatal Accidents Act 1976, Human Rights Act 1998
Human Rights Law Tort Law Civil Procedure Bereavement Damages Discrimination Interpretation of Legislation Article 8 ECHR Article 14 ECHR +2 more

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Parties

Jacqueline Smith

Appellant

Lancashire Teaching Hospitals NHS Foundation Trust

First Respondent

Lancashire Care NHS Foundation Trust

Second Respondent

Secretary of State for Justice

Third Respondent

Procedural Posture

Civil Appeal / Court of Appeal Judgment on Appeal From High Court

Legal Issues

  1. 1 Whether section 1A of the Fatal Accidents Act 1976 is incompatible with Article 14 ECHR (prohibition of discrimination) read with Article 8 ECHR (right to respect for family life) by excluding cohabitees of at least two years from bereavement damages;
  2. 2 Whether the court should interpret section 1A to include such cohabitees or declare it incompatible;
  3. 3 Whether the appellant is entitled to damages under the Human Rights Act 1998.

Ratio Decidendi

The exclusion of 2 years+ cohabitees from bereavement damages under section 1A of the Fatal Accidents Act 1976 falls within the ambit of Article 8 ECHR for the purposes of Article 14, is discriminatory, and is not justified. The court cannot interpret section 1A compatibly, so a declaration of incompatibility is appropriate.

Court Disposition

Appeal allowed in part; declaration of incompatibility granted.

Orders

  • Declaration that section 1A(2)(a) of the Fatal Accidents Act 1976 is incompatible with Article 14 ECHR read with Article 8 ECHR to the extent it excludes 2 years+ cohabitees from bereavement damages.
  • No order for payment of bereavement damages under the Human Rights Act 1998.