header-logo header-logo

03 February 2011
Issue: 7451 / Categories: Case law , Law digest
printer mail-detail

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

If you are not a subscriber, subscribe now to read this content
If you are already a subscriber sign in
...or Register for two weeks' free access to subscriber content

MOVERS & SHAKERS

Gibson Dunn—Richard Surtees

Gibson Dunn—Richard Surtees

Gibson Dunn adds employee benefits and executive compensation practice in London with partner Richard Surtees

Laytons ETL—Alec Cameron

Laytons ETL—Alec Cameron

Laytons ETL appoints new partner and head of intellectual property disputes

Muckle LLP—Roland Fairlamb

Muckle LLP—Roland Fairlamb

Specialist associate solicitor rejoins Muckle’s leading employment team

NEWS
A series of recent decisions has clarified important principles across property law, from perpetuities to lease renewals and public rights over land
Employers cannot rely on wellbeing services alone to defend workplace stress claims after a High Court decision awarding almost £1m to an overworked employee
Andy Burnham's brand of 'Manchesterism' could offer fresh thinking on legal aid and access to justice if it reaches Westminster, according to Roger Smith, NLJ columnist and former director of JUSTICE
The constitutional fallout from a change of prime minister, rather than the politics, is under scrutiny as questions arise over the limits of executive authority in a leadership transition
The legal profession is undergoing a fundamental shift from selling services to creating technology-enabled products, according to Professor Luke Mason, Head of School of Law at Regent's University London
back-to-top-scroll