“…ed was that R had been denied ‘the benefit of the positive measure in question’ (see paragraph 55 of Smith v Lancashire Teaching Hospitals NHS Foundation Trust [2018] QB 804). In that case this Court declared that statutory provisions which did not confer a right to bereavement damages on cohabiting partners were incompatible with …”
“…e purposes of article 14 (Petrovic). Indeed, as Sir Terence Etherton MR said in Smith v LancashireTeaching Hospitals NHS Foundation Trust [2017] EWCA Civ 1916; [2018] QB 804 at [42]:…”
“…ate for International Development[2018] UKSC 32; [2018] 3 WLR 415, para 18; and Smith v Lancashire Teaching Hospitals NHS Foundation Trust[2017] EWCA Civ 1916; [2018] QB 804, para 55.…”