Accidents and compensation

Before the Civil Partnership Act, same-sex partners could not make a claim in the event of the wrongful death of a partner.

There are a number of schemes that will allow this for married and heterosexual unmarried couples and have now extended the provisions to cover those in civil partnerships.

The Fatal Accidents Act allows a spouse or an unmarried heterosexual couple who have been living together as 'husband and wife' for period of two years to claim compensation for the wrongful death of their partner.

Same-sex partners have no claim unless they are in registered civil partnerships.

Example:
Susan Walling's partner was killed in a road accident and the driver was subsequently convicted for dangerous driving. Although they had lived together for five years she could not claim compensation. The fact that her partner's death occured before the Human Rights Act made it difficult for her to challenge the law. Now, following the Mendoza case, such a challenge would be likely to succeed.

The Criminal Injuries Compensation Scheme deals with compensation for victims of crimes.

Example
Following the bombing of the Admiral Duncan pub Garry Partridge, whose partner was killed in the bombing, was unable to make any claim for compensation because same-sex partners were not recognised. On 3 April 2001 the scheme was changed to put same-sex partners who had lived together for two years in the same position as unmarried heterosexual couples.

Sadly though this change came too late for Garry Partridge to make a claim.