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Housing

03 February 2011
Issue: 7451 / Categories: Case law , Law digest
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Yemshaw v Hounslow London Borough Council [2011] UKSC 3, [2011] All ER (D) 187 (Jan)

The definition of “domestic violence” for the purposes of s 177(1) of the Housing Act 1996 included physical violence, threatening or intimidating behaviour, and any other form of abuse which, directly or indirectly, might give rise to the risk of harm. “Physical violence” was not the only natural meaning of the word “violence”. It was commonplace to speak of the violence of a person’s language or of a person’s feelings. When used as an adjective it could refer to a range of behaviours falling short of physical contact with the person. By the time of the Act, the understanding of domestic violence had moved on from a narrow focus upon battered wives and physical contact. Even if that were wrong, there was no doubt that it had moved on since.

The courts recognised that, where Parliament used a word such as “violence”, the factual circumstances to which it applied could develop and change over the years. Although it was impermissible to construe the meaning

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MOVERS & SHAKERS

Gibson Dunn—London partner promotions

Gibson Dunn—London partner promotions

Firm grows international bench with expanded UK partner class

Shakespeare Martineau—six appointments

Shakespeare Martineau—six appointments

Firm makes major statement in the capital with strategic growth at The Shard

Myers & Co—Jess Latham

Myers & Co—Jess Latham

Residential conveyancing team expands with solicitor hire

NEWS
One in five in-house lawyers suffer ‘high’ or ‘severe’ work-related stress, according to a report by global legal body, the Association of Corporate Counsel (ACC)
The Legal Ombudsman’s (LeO’s) plea for a budget increase has been rejected by the Law Society and accepted only ‘with reluctance’ by conveyancers
Overcrowded prisons, mental health hospitals and immigration centres are failing to meet international and domestic human rights standards, the National Preventive Mechanism (NPM) has warned
Two speedier and more streamlined qualification routes have been launched for probate and conveyancing professionals
Workplace stress was a contributing factor in almost one in eight cases before the employment tribunal last year, indicating its endemic grip on the UK workplace
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