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03 February 2011
Issue: 7451 / Categories: Case law , Law digest
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Housing

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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NEWS
The government will aim to pass legislation banning leasehold for new flats and capping ground rent, introducing non-compulsory digital ID and creating a ‘duty of candour’ for public servants (also known as the Hillsborough law) in the next Parliament

An Italian financier has lost his bid to block his Australian wife from filing divorce papers in England on the basis it was no longer her domicile of choice

Reforms to the disclosure regime in the business and property courts have not achieved their objectives, lawyers have warned
The Law Society has urged ministers to hold a public consultation on the use of artificial intelligence (AI) in the justice system as a whole
Ministers have proposed bringing inquest work under a single fee scheme for legal help and advocacy legal aid work
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