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Court of Appeal recognises cohabitees right to clinical negligence compensation (Smith v Lancashire Teaching Hospitals NHS Foundation Trust 2017)

Court of Appeal recognises cohabitees right to clinical negligence compensation (Smith v Lancashire Teaching Hospitals NHS Foundation Trust 2017)
Published on: 04 December 2017
Published by: LexisPSL
  • Court of Appeal recognises cohabitees right to clinical negligence compensation (Smith v Lancashire Teaching Hospitals NHS Foundation Trust 2017)
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  • What is the background to this case?
  • What is the significance of this case? 
  • Why did the Justice Secretary fight this case?
  • Why is it important for practitioners?
  • How helpful is this judgment in clarifying the law in this area? 
  • What are the practical implications and are there any remaining grey areas?
  • How does this case fit in with other developments in this area of the law? 
  • Do you have any predictions for future developments in this area?

Article summary

Personal Injury analysis: The Court of Appeal has ruled that the loss of an unmarried partner due to negligence should be compensated in the same way as losing a spouse or civil partner. Coffin Mew partner Sue Bowler, who specialises in personal injury and clinical negligence claims, says the decision ‘fundamentally’ changes the law for cohabiting couples and redresses the balance in favour of those bereaved by negligence. or take a trial to read the full analysis.

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