Accident man’s partner in payout fight

Laurie Swift had been in a relationship with Alan Winters for 18 months when he was killed in an accident where he worked at Davy Markham Ltd in Sheffield. Miss Swift, then 25, was pregnant with Mr Winters’ baby and responsible for Leah, her daughter from a previous relationship. She claims she found herself penniless.

Simon Allen, of Sheffield solicitors Russell Jones and Walker, brought a successful case in Sheffield County Court last month to secure compensation for the couple’s two-year-old son Alan.

But he added: “The Fatal Accidents Act 1976 reflects the views of society at the time – that a relationship would only be recognised if the couple were married.

“Nowadays, many people live together and have children outside of marriage, but the law still doesn’t accept this. It is quite remarkable that the child can recover damages but the mother cannot.”

Mr Allen is now seeking a declaration in the High Court so that he can then take proceedings to the European Court of Human Rights on the basis that there has been a breach of the Human Rights Act.

He said should this case be successful, it will be a groundbreaking action and could result in a change of the law.

Miss Swift said she was hopeful that her case will succeed.

She added: “Since Alan died things have been really tough. I’m bringing the children up on my own, I’ve gone back to work to try and make ends meet but nursery charges swallow up a lot of my income.

“Alan only sorted out the mortgage four weeks before he passed away and he hadn’t got round to sorting out life insurance.”