Woman loses court row over cash

A woman whose partner died when they were hit by a car and then plunged into a river has lost a legal battle for damages for loss of dependency.

Appeal Court judges upheld an earlier decision that Linda Kotke had not proved she lived as "man and wife" with Trevor Snowdon for two years.

Ms Kotke, 47, of Crookesmoor Road, Sheffield, swam to safety after the accident in Bath in March 2000.

Driver Mohammed Saffarini's insurers disputed Ms Kotke was a dependant.

Burden of proof

The couple had been friends for several years and their relationship became sexual in the summer of 1995.

A son Alexander was born in March 1999.

In March last year Judge Hepple QC, sitting at Hull said he did not find that Ms Kotke had "discharged the burden of proof on her to prove that the parties were living together as man and wife in the same household by early March 1998."

The relationship of these parties did not cross the statutory threshold into the final stage Lord Justice Potter

Legal proceedings against the driver Mr Saffarini, from west London, included a claim on behalf of Ms Kotke for loss of dependency on Mr Snowdon under the fatal Accidents Act 1976.

Ms Kotke's challenge to Judge Hepple's ruling was rejected by Lord Justice Potter sitting with Lord Justice Buxton.

Lord Justice Potter said: "We consider the judge was correct in drawing a distinction between wanting and intending to live in the same household, planning to do so and actually doing so.

"It was the judge's decision that, on all the evidence before him, the relationship of these parties did not cross the statutory threshold into the final stage."