“… House of Lords held, using HRA s 3, that that provision could then be read as including same sex partners. The House thereby upheld the decision of this Court [2002] EWCA Civ 1533 [2003] Ch 380, which had also distinguished Fitzpatrick, by implication holding they were not bound by it when considering HRA s 3.…”
“…to two previous decisions of this court which, from the perspective of the rules of precedent, are to my mind rather unsatisfactory. In Ghaidan v Godin-Mendoza [2002] EWCA Civ 1533, [2003] Ch. 380 the question was whether the survivor of a same-sex couple could be said to be the “spouse” of the deceased. A recent decision of the House of …”