Woman seeks damages over death of lesbian partner
First case of its kind goes to heart of debate on same sex "marriage"
In the first case of its kind, a woman is seeking damages from the man who killed her lesbian partner in a road crash, as if she were a relative of the dead woman.
Catriona Robertson is seeking £200,000 in damages from Alan Kellock, jailed for four years after he admitted causing the death in 1999 of Jill Telfer by driving carelessly while over the drink driving limit.
Kellock's legal team are seeking to have the action dismissed on the grounds that damages legislation does not allow her to sue as a relative.
However, counsel for Ms Robertson, Andrew Hajducki QC, argued at the Court of Session yesterday that the Damages (Scotland) Act could be interpreted to include the co-habitee.
The case goes to the heart of the legal debate over same sex "marriage".
Lady Smith is expected to give her ruling at a later date.
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