Can the rules on cohabitation law now change?

Could the victory of a woman who wins supreme Court battle change the rules for cohabitees on partner’s pension payments?

Could the victory of a woman who wins supreme Court battle change the rules for cohabitees on partner’s pension payments?

In this case, Ms Bexter’s partner predeceased her and she was told that she would not be automatically entitled to a ‘survivor’s pension’ as she would have been if she had been married to her partner.

However, it was later ruled that she was entitled to receive payments.

Although this was a Northern Ireland case but a decision of the Supreme Court of the UK, it will be interesting to see whether it will have much wider significance.

The argument presented by the Queen’s Counsel representing Ms Bexster was that there was a breach of Article 14 and Article 1 of the First Protocol of the European Convention of Human Rights.  Article 14 prohibits discrimination in the way human rights laws are applied and the first protocol protects a person’s right to property and peaceful enjoyment of possessions.

It will be interesting to see whether this will pave way for all cohabitees and whether Brexit will restrict rights under the European Convention of Human Rights.

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