Lawyers win compensation for bereaved gay man

Go to: Forums > News & Current Affairs: Gay

There are 5 postings to this topic on our Member website and this page runs 7 days behind our Member website. For the full topic click to sign up to OUTeverywhere.

Topic started by Boudie - Spiritual Warrior (saratiddy)

People don't believe me that I'm shy face-2-face, despite being cheeky on Forums. Orginally from the West Country, but been living in Reading for 16 years. I tend to be a bit of a workaholic, but I've learnt my lesson and getting out more and relaxing, thanks to good friends. I am into the arts & crafts, doing & seeing, including theatre, cinema, etc. Joined OUT for both Gay Male & Female friends.

A topic from News & Current Affairs: Gay

saratiddyWed 23/01/08 19:22

A law firm that specialises in cases involving motorcycles has won a £30,000 settlement for the same-sex partner of a man killed in an accident.

White Dalton Motorcycle solicitors successfully argued in court that the Civil Partnership Act meant that David Burke was entitled to a dependency claim and the statutory bereavement claim after the death of his partner.

Nick Routh, a partner at White Dalton Motorcycle Solicitors, said: "The general elements of the claim were not large: £5,500 at most.

"However, there were two further significant elements normally claimable under the Fatal Accidents Act 1976: a dependency claim and the statutory bereavement claim which presently amounts to £10,000.

"But for both these to be allowed, Mr Burke and Mr Athaide had to be regarded as a co-habiting couple and, according to the Fatal Accidents Act, this required them to be living together as husband and wife.

"Prior to the Human Rights Act 1998, the English courts strictly interpreted 'husband and wife' as applying to different gender couples. Unfortunately Mr Burke was neither a husband nor a wife by this definition.

"However, following the Human Rights Act, it was our view that the position had changed, as would later be confirmed by the Civil Partnership Act 2004.

"Between 1999 and 2004, the period of Mr Burke's bereavement, some courts started interpreting the phrase 'co-habiting as man and wife' to include same gender couples.

"There was no specific case law dealing with the Fatal Accidents Act but we believed that the court should adopt the liberal interpretation and it was on this basis that we represented Mr Burke."

The case was eventually settled in November 2007, more than four years later, with Mr Burke receiving in excess of £30,000.

"It's been a long road to justice but our view has now been upheld," said Mr Routh.

"While the money can't replace Mr Burke's loss, he would probably have received less than £4,000 if the dependency matter had gone the other way in court.

"We were always confident that the court would come to the correct decision and the settlement represents a proper court outcome.

"The simple fact is that the Fatal Accidents Act, until the Civil Partnership Act, discriminated against same gender couples.

"However, we've now established that for those with a potential claim from between 1999 and 2004, there is at least some hope: good may come out of what has been a tragic event for Mr Burke."

Mr Burke lost his same-sex partner of 14 years, Mr Athaide, on August 26, 2003, following a road traffic collision between a milk float and Mr Athaide's motorcycle.

He was pronounced dead on arrival at the Royal London Hospital.

Article: www.pinknews.co.uk/news/articles/2005-6646.html

saratiddyWed 23/01/08 19:23

It is so nice to see good news and equality. I hope more couples will get the same recognition and respect if some thing similar happens.

There are 3 more postings on this topic on our Member website. For the full topic click to sign up to OUTeverywhere right now.

Enjoy chatting with our members

Imagine joining a social network of people from all around the country and see how you'll feel a year from today. You're increasing your circle of friends. You're doing more of the stuff you enjoy. You're having a great time meeting new people in your area. You're seeing all the benefits of becoming a member of OUTeverywhere. It still feels great making new friends and every day you're hearing more and more about the stuff that everyone's doing. You're joining in. Now, that was easy, wasn't it?

We make meeting people easy. Click to sign up to OUTeverywhere and get up and do something different!

PLEASE NOTE: Events are listed on this website on behalf of organisers in accordance with the Terms of Membership of OUTeverywhere and only if they have chosen broad publicity when adding their event to the Member Events calendar. As such, events are not necessarily affiliated to or endorsed by OUTeverywhere and may not be organised by the person who has listed the event: the person listing this event may simply be attending an event organised by another person or organisation and may wish to meet other people sharing their interest in the event. The mention or appearance of any person or organisation featured on these pages is not to be taken as any indication of sexual, social or political orientation of such persons or organisations. We cannot guarantee that the information is accurate and recommend that you always seek to contact the organiser directly to confirm full details of any event. Under no circumstances will we be responsible for any loss or damage resulting from reliance on, use or misuse of, the information on this website.

Our Vision | Our Team | Privacy Policy | Identity Theft Protection | Terms of Membership

Chat and Meet People

Enter one or two words to tell us something you enjoy:

Or enter a postcode or the name of a place:

Latest Shout OUT

Broadcast to the gay world with our public Shout OUTs service! Post on our member website or from your mobile phone and raise your profile.

The Diablo (davideinlondon) from Crouch End And All London in General in United Kingdom shouts OUT: "it is week endddddd :o)))"

Events Calendar

< May 2008 >
S	M	T	W	T	F	S
				1	2	3
4	5	6	7	8	9	10
11	12	13	14	15	16	17
18	19	20	21	22	23	24
25	26	27	28	29	30	31

This Topic's Tags

Members tag topics with key words to help us find similar topics.

Discover GMEET

Add all your web profiles to the new GMEET.com website profiles directory service. Supports Facebook, YouTube, MySpace, Bebo, LinkedIn and dozens more. For social and business networking, web personals and online dating.