Recommendation 3

However, we reiterate our regret that reform has taken so long. The Smith judgment was handed down by the Court of Appeal on 7 November 2017 and the Remedial Order will only apply to causes of action which accrue on or after the day on which the Order comes into force. The longer the delay, the more individuals who will not receive bereavement damages due to discrimination. We also note that, in a report published in November 1999, the Law Commission expressed the view that “the exclusion of cohabitants from the list of those able to recover damages was contrary to the premise that the damages should be available to those closest to the deceased, and most likely to be aggrieved by the death.” We reiterate that it is unfortunate it has taken twenty years and a declaration of incompatibility to produce Government action to remedy this discrimination.