Summary
A statutory scheme conferring a right to claim financial loss after a death does not necessarily fall within the ambit of Article 8 merely because the claimant was financially dependent on the deceased. Where the challenge concerns a state’s failure to provide an additional remedy, the claimant must establish a direct and immediate link with private or family life. A relationship’s duration does not, without more, constitute “other status” under Article 14. A bright-line cohabitation period may be justified where it rationally identifies relationships sufficiently stable to warrant an automatic right of action. Parliament has a wide margin of discretion in social and economic policy.
Factual background
The claimant lived with Alan Winters as his partner for about six months before he died as a result of an admitted workplace wrong. She accepted that she had been financially dependent on him, but section 1(3)(b) of the Fatal Accidents Act 1976 excluded her from claiming loss of dependency because the required period of cohabitation was two years.
She sought a declaration under section 4 of the Human Rights Act 1998, alleging incompatibility with Articles 8 and 14 of the Convention. The issues were whether the claim fell within the ambit of Article 8, whether length of cohabitation was “other status” under Article 14, and whether the distinction was objectively justified.
Held
- The claim was dismissed. The court refused to declare section 1(3)(b) of the Fatal Accidents Act 1976 incompatible with the Convention.
- The claim concerned a positive obligation. The claimant therefore had to show a direct and immediate link between the statutory exclusion and her private or family life. The Act operated only after death, when the relevant relationship had ended, and provided a financial remedy against a tortfeasor rather than protection for continuing family life. Financial consequences alone did not bring the case within Article 8.
- Length of cohabitation was a description of conduct or circumstances, not an independently existing personal characteristic or status. The Article 14 claim therefore failed.
- Alternatively, the distinction was justified. Its legitimate aim was to confine automatic rights of action to relationships displaying sufficient permanence or constancy. The two-year period was rational, predictable and proportionate, and was not manifestly without reasonable foundation.
- The history of proposed reform showed that the law could produce hardship, but reform was a matter for Parliament and the executive. The court could not declare the statutory framework incompatible merely because it appeared anomalous or unfair.
The court’s approach to earlier authorities
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Appeal route
- This judgment [2012] EWHC 2000 (QB) High Court (Queen's Bench Division)
- Appealed to[2013] EWCA Civ 193Outcomeappeal dismissed unanimously
Key cases cited
19 authorities cited.
- Humphreys v The Commissioners for Her Majesty’s Revenue and Customs [2012] UKSC 18
- R (on the application of McDonald) v Royal Borough of Kensington and Chelsea [2011] UKSC 33
- R (on the application of RJM) (FC) (Appellant) v Secretary of State for Work and Pensions (Respondent) [2008] UKHL 63
- R (On The Application of Animal Defenders International) V Secretary of State For Culture, Media and Sport (Respondent) [2008] UKHL 15
- R (on the application of Clift) (FC) v. Secretary of State for the Home Department (Respondents) Secretary of State for the Home Department (Respondent) v. Hindawi (FC) (Appellant) and another Secretary of State for the Home Department (Respondent) v. Hindawi and another (FC) (Appellant) (Conjoined Appeals) [2006] UKHL 54
- Secretary of State for Work and Pensions (Appellant) v. M (Respondent) [2006] UKHL 11
- Regina v. Secretary of State for Work and Pensions (Respondent) ex parte Carson (Appellant) Regina v. Secretary of State for Work and Pensions (Respondent) ex parte Reynolds (FC) (Appellant) [2005] UKHL 37
- Regina v Special Adjudicator (Respondent) ex parte Ullah (FC) (Appellant) Do (FC) (Appellant) v Secretary of State for the Home Department (Respondent) [2004] UKHL 26
- Marcic (Respondent) v. Thames Water Utilities Limited (Appellants) [2003] UKHL 66
- Mosley v United Kingdom (2011) 53 EHRR 30
- Runkee v United Kingdom [2007] 2 FCR 178
- Draon v France (2006) 42 EHRR 40
- Stec v United Kingdom (2006) 43 EHRR 1017
- Secretary of State for Defence v Hopkins [2004] ACD 58
- X, Y and Z v United Kingdom 22 April 1997
- James v United Kingdom 21 February 1986, Series no. 98
- Clift v UK App. No. 7205/07
- Şerife Yiğit v Turkey Appn No 3976/05
- Evans v United Kingdom Grand Chamber, no 6339/05
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Cases citing this case
2 later cases · 2 positive
Most senior citing decisions:
- Smith v Lancashire Teaching Hospitals NHS Trust & Anor [2016] EWHC 2208 (QB) followed
- Chen, R (On the Application Of) v Secretary of State for the Home Department [2012] EWHC 2531 (Admin) applied
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