Unwed couples win same rights to bereavement payouts

UNMARRIED couples are to have the same rights to bereavement damages as married couples after a landmark Court of Appeal ruling.

Jakki Smith, 59, an NHS worker, brought an appeal after discovering she was not eligible for damages after her partner, John Bulloch, died in 2011.

The fixed compensation of £12,980 is paid out to a spouse or civil partner if a person dies because of negligence.

The couple had been together for 16 years when Mr Bulloch, 66, died after an operation to remove a benign tumour on his foot.

An infection was missed by medical staff and the former prison governor fell ill while in Turkey.

Ms Smith appealed under the Human Rights Act, arguing that she was being discriminated against because she was unmarried and was being denied her right to a family life.

The High Court had previously dismissed her claim, but yesterday, Sir Terence Etherton, the Master of the Rolls, Lord Justice Mccombe and Sir Patrick Elias set that decision aside.

Ms Smith, 59, from Chorley, Lancs, said: “There’s no longer a taboo around being unmarried; attitudes have changed, society has moved on and the law needs to reflect that.” She will not benefit financially from the decision, as it is not possible to receive a retrospective payment. However, the case sets a precedent that means other couples will be able to claim the payment. It will also be put before David Lidington, the Justice Secretary, giving him the opportunity to formally change the law.

A Ministry of Justice spokesman said: “We have noted the judgment and are considering it carefully.”