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
