Dealing with the devastating loss of a partner is always a tragic occurrence.
Sadly we see many claims which arise because their death has been due to someone’s negligence and know only too well that the law in this area has been very slow to reflect the realities of modern life.
For example, although someone who was married to or in a civil partnership with the person who has died can, as part of their claim, be awarded bereavement damages for the loss, someone who may have had exactly the same loving and stable relationship but who was unmarried is denied this right.
Recently Mrs Jacqueline Smith, whose partner of many years died as a result of clinical negligence, argued that this was incompatible with the European Convention on Human Rights and the law should be interpreted to allow her to be awarded bereavement damages (at present the very modest sum of £12,980).
The judge was very sympathetic but regretfully concluded that the law did not allow him to do this. However he stated quite correctly that the law needs to be changed urgently and we now call upon the Government to take immediate steps to correct this injustice.