Dependant meaning

Keating (as Administrator of the Estate and on behalf of the dependants of Geraldine Mary Catherine Theresa Birtles) v Abdisalan and another [2025] EWHC 1926 (KB) What are the practical implications of this case? A bereavement claim cannot be advanced by an estate: section 1A of the Law Reform (Miscellaneous Provisions) Act 1934 bars it on statutory grounds. Pressing such a plea hands the defendant victory and exposes the claimant to adverse costs. A dependency claim is more nuanced but, on these facts, is likewise unavailable. The decisive enquiry is whether the claimant has, or will, actually suffer the loss. If death occurs before that loss arises—even where the same negligence caused the fatal accident—the hypothetical, projected loss that would have been experienced had they lived is not recoverable. Although the court wrestled more with the legal analysis on dependency, that outcome appears less morally contentious. Accordingly, representatives should not pursue bereavement claims, and recognise that dependency losses require actual, not imagined, deprivation...

In this issue: Trusts Spouses, civil partners and cohabitants UK taxation for Private Client HMRC Manuals revisions Tax avoidance, evasion and non-compliance Insolvency—Private Client Contentious trusts and estates Pensions, insurance and tax efficient investments Scotland, Wales and Northern Ireland International Question of the week Further Private Client updates this week Daily and weekly news bulletins LexTalk® Private Client: a Lexis+® community New and refreshed content Dates for your diary Trackers Latest Q&As Useful information Trusts Insufficient evidence to establish beneficial interest (Egbuna v IJ Investments Ltd) The King’s Bench Division rejected an appeal from a possession order, concluding that merely residing in a property does not confer a beneficial interest without adequate proof of financial contributions or a shared intention, even where the circumstances may appear unfair. The dispute related to a former matrimonial home acquired by the appellant’s ex-husband in 2005, which he sold...

Original news Mrs E and Mr R (CAS-72134-V5K7 and CAS-72135-Q7V1)—25 April 2025 Summary The Pensions Ombudsman has upheld a complaint about the distribution of death benefits under a pension scheme. The trustee failed to identify all potential beneficiaries in line with the scheme rules, giving excessive weight to the definition of dependant and sidelining the separate meanings of spouse and relatives. Consequently, the decision was returned to the trustee for reconsideration. This outcome serves as a reminder that pension scheme trustees must precisely identify and categorise every potential recipient of death benefits. What were the facts? Mr F was a member of the Thyssenkrupp Elevator UK Pension Plan (the Scheme). Following Mr F’s death, he was survived by, among others, Mrs E, Ms D and his three children (Mr L, Mr N and Mr R)...

This Practice Note examines the key issues around applications made by dependent partners of individuals on work, investment and study pathways. Most of these routes include provision for dependent partners and children. The principal exceptions are the Youth Mobility Scheme, which permits no dependants at all, and the Student, Graduate and Skilled Worker routes, which impose certain restrictions. For the position in those routes, see Practice Notes: Applying under the Skilled Worker route — Dependants, Applying under the Graduate route and Student: eligibility — Dependants. Partners in this context means: spouses civil partners, and unmarried partners who have lived in a relationship akin to marriage or civil partnership for at least two years — this type of relationship is now termed a ‘durable relationship’ Before their simplification, the rules governing dependent partners and children in these routes were found in Part 8 of the Immigration Rules (for dependants of relevant Points-Based System migrants and Appendix W workers), or in Part 5...

The route exists to enable people lawfully settled in the UK to sponsor their adult dependent relative(s) for long-term relocation to the UK so they can deliver essential care. A distinct Practice Note addresses the position for s of a Hong Kong British National (Overseas) BN(O) visa; see Practice Note: Applying under the Hong Kong British National (Overseas) route—s. This Practice Note examines the complex route in depth, covering who qualifies and the practical evidence required to satisfy the prohibitive dependency requirement. It also highlights key parts of Home Office policy and Article 8 ECHR case law, and explains the various durations and conditions of leave available under this route... Background and overview In real terms, this route is most frequently used by those already settled in the UK who wish to sponsor elderly parents or other adult dependent relatives who, owing to age or illness, need care. There was previously a pathway in the Immigration Rules, Part 8, allowing a dependent relative to join or accompany a...

This Practice Note outlines the specific time limits for personal injury matters that fall outside the standard three-year limitation period. It addresses a range of atypical accident scenarios, including: accidents abroad accidents on aircraft, boats or international trains Criminal Injuries Compensation Authority claims Motor Insurers’ Bureau claims claims under the Fatal Accidents Act 1976 (FAA 1976) claims by the armed forces actions under the Human Rights Act 1998 For a useful table comparing the different limitation periods, see Practice Note: Time limits under the Limitation Act 1980—personal injury claims—Exceptions to the general rule. Accidents abroad Under the Foreign Limitation Periods Act 1984 (FLPA 1984), where a court in England or Wales applies the law of another country, the relevant foreign limitation period will govern unless its application would be contrary to public policy (FLPA 1984, s 2(1)). By virtue of FLPA 1984, s 2(2), applying a foreign limitation period conflicts with public policy to the extent...

1 Introduction 1.1 This policy explains how [ insert name of organisation ] (the Company) will handle the statutory entitlement that permits employees to take unpaid time away from work to organise or provide care for a dependant with a long-term care need, and sets out the steps you should follow if you need to request this leave. 1.2 [ This policy applies solely to employees. It does not extend to agency workers, consultants [ , contractors ] [ , volunteers ] [ , interns ] or casual workers. OR This policy applies to all employees, officers, agency workers, consultants [ , contractors ] [ , volunteers ] [ , interns ] and casual workers. ] 1.3 This policy has been [ agreed OR introduced following consultation ] with [ [ enter name of relevant trade union(s) ] OR [ enter name of works council ] OR [ enter name of staff association ] ]. 1.4 In some circumstances, you may have the right to take...

Claim Number: [ insert number ] IN THE HIGH COURT OF JUSTICE KING'S BENCH DIVISION Claim for Fatal Mesothelioma BETWEEN: [ name of Claimant ] Claimant (acting as Personal Representative of the estate of [ insert name ], Deceased) -and- B COMPANY LTD Defendant PARTICULARS OF CLAIM The claimant The claimant is the widow of [ name ] and serves as the personal representative of that estate (‘the deceased’). The claimant issues this claim for the estate under the Law Reform (Miscellaneous Provisions) Act 1934, and for herself, as the deceased’s dependant widow, under the Fatal Accidents Act 1976...

Employee name: Employment commencement date and present length of service [ Insert date ] [ Insert length of service ] Job role: Division/Department Assessed by: Assessment date: Role: Approved by: Date: Role: Guidance: When using the criteria (other than disciplinary history), reasonable adjustments might be required for workers with a disability (as set out in the Equality Act 2010, s 6) where not doing so would put them at a significant disadvantage compared with non-disabled colleagues. This exception does not extend to disciplinary records. Service refers to continuous employment with the company and any linked company. Service includes transferred service within associated companies. If the worker has under 12 months’ service, convert the absence record to an annualised figure. Annualisation ensures a balanced and like-for-like assessment. Disregard the following absences: These must be excluded from absence calculations. absences linked to a disability (as defined by Equality Act 2010, s 6); maternity...

This is a Q&A about whether it is necessary for dependants to apply to switch categories at the same time as their relevant points-based system (PBS) migrants. The Points Based System (Dependant) Guidance states, as a general rule, that where the principal migrant changes employer or education provider, receives a new certificate of sponsorship and applies for leave to remain to work or study with their new sponsor, their dependants are not obliged to apply for leave to remain at the same time...

Long residence and private life resources—overview The ten-year long residence route set out in the Immigration Rules, Part 7, does not allow dependants to submit applications alongside the principal applicant. This means joint filing is not available under this route. Dependants may, however, apply independently where they satisfy the criteria of the relevant rule. By way of illustration, if a husband and wife have each been lawfully present in the UK for ten continuous years, they must each file their own separate applications under the long residence provisions. See Immigration Rules, Part 7, para 276B–276C. When a Tier 2 (General) migrant secures indefinite leave to remain (ILR) through the long residence rules, their spouse may have scope to seek leave to remain as the spouse of a settled person under Immigration Rules, Appendix FM (see Practice Note: Partners applying for limited leave to remain under Appendix FM: eligibility tables)...