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Unmarried partner in bereavement compensation legal bid | Unmarried partner in bereavement compensation legal bid |
(about 2 hours later) | |
A woman has launched a legal fight to win greater recognition for unmarried couples who suffer bereavement. | A woman has launched a legal fight to win greater recognition for unmarried couples who suffer bereavement. |
Jakki Smith, 58, was unable to claim bereavement damages after her partner of 16 years died as a result of medical negligence. | Jakki Smith, 58, was unable to claim bereavement damages after her partner of 16 years died as a result of medical negligence. |
Her initial bid was rejected by a High Court judge, who said he was "powerless" to intervene but hoped Parliament "might improve the current state of the law". | Her initial bid was rejected by a High Court judge, who said he was "powerless" to intervene but hoped Parliament "might improve the current state of the law". |
She has asked for permission to appeal. | She has asked for permission to appeal. |
Ms Smith's partner John Bulloch died in 2011 when an infection which was missed by medics spread to his brain and killed him. | Ms Smith's partner John Bulloch died in 2011 when an infection which was missed by medics spread to his brain and killed him. |
After his death, she discovered she was not entitled to £12,980 which is usually paid out in cases of negligence, because she was not Mr Bulloch's spouse or civil partner. | After his death, she discovered she was not entitled to £12,980 which is usually paid out in cases of negligence, because she was not Mr Bulloch's spouse or civil partner. |
'Pain and grief' | |
She said her inability to claim damages was a breach of her human rights. | She said her inability to claim damages was a breach of her human rights. |
At the High Court earlier this month, Mr Justice Edis said he agreed reform of the law was needed. | At the High Court earlier this month, Mr Justice Edis said he agreed reform of the law was needed. |
"It is to be hoped that the outcome of this litigation may provoke some further discussion in Parliament for further legislation which might improve the current state of the law," he said. | "It is to be hoped that the outcome of this litigation may provoke some further discussion in Parliament for further legislation which might improve the current state of the law," he said. |
Ms Smith, from Chorley, Lancashire, said: "Bereavement damages are recognition of the pain and grief caused by the death of a partner and I felt that same pain and grief, with or without a marriage certificate." | Ms Smith, from Chorley, Lancashire, said: "Bereavement damages are recognition of the pain and grief caused by the death of a partner and I felt that same pain and grief, with or without a marriage certificate." |
Her lawyers argued bereavement damages should be extended to people who have lived with their partners for more than two years, as is already the case in Scotland. | Her lawyers argued bereavement damages should be extended to people who have lived with their partners for more than two years, as is already the case in Scotland. |
Zak Golombeck, of Slater and Gordon, said: "We remain hopeful the courts will address this inequity, which is why we are applying for permission to appeal." | Zak Golombeck, of Slater and Gordon, said: "We remain hopeful the courts will address this inequity, which is why we are applying for permission to appeal." |
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