header-logo header-logo

Risk of harm ruling

02 February 2011
Issue: 7451 / Categories: Legal News
printer mail-detail

The term “domestic violence” includes threatening or intimidating behaviour which may give rise to the risk of harm, the Supreme Court has ruled.

In Yemshaw v London Borough of Hounslow [2011] UKSC 3, the justices considered whether the term “domestic violence” in s 177 of the Housing Act 1996 was restricted to actual or threatened physical contact, or whether it covered other forms of violent conduct.

The case concerned a woman with two children who sought help from the local housing authority after leaving the marital home because her husband “hates her” and she suspected he was seeing another woman. She was scared that he would hit her if she confronted him, but said he

had never actually threatened to hit her. She said he shouted in front of the children so that she retreated to her bedroom with them, did not give her money for housekeeping and did not treat her “like a human”. She feared he would hit her if she returned home.

The council authorities decided the threat of violence was low and

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

DAC Beachcroft—Tim Barr

DAC Beachcroft—Tim Barr

Lawyers’ liability practice strengthened with partner appointment in London

Constantine Law—Alex Finch & Rebecca Tester

Constantine Law—Alex Finch & Rebecca Tester

Firm launches business immigration practice with dual partner hire

Freeths—Jane Dickers

Freeths—Jane Dickers

Scottish offering strengthened with dispute resolution partner hire in Glasgow

NEWS
Charles Pigott of Mills & Reeve charts the turbulent progress of the Employment Rights Bill through the House of Lords, in this week's NLJ
The Court of Protection has ruled in Macpherson v Sunderland City Council that capacity must be presumed unless clearly rebutted. In this week's NLJ, Sam Karim KC and Sophie Hurst of Kings Chambers dissect the judgment and set out practical guidance for advisers faced with issues relating to retrospective capacity and/or assessments without an examination
Writing in NLJ this week, Thomas Rothwell and Kavish Shah of Falcon Chambers unpack the surprise inclusion of a ban on upwards-only rent reviews in the English Devolution and Community Empowerment Bill
From oligarchs to cosmetic clinics, strategic lawsuits against public participation (SLAPPs) target journalists, activists and ordinary citizens with intimidating legal tactics. Writing in NLJ this week, Sadie Whittam of Lancaster University explores the weaponisation of litigation to silence critics
Robert Taylor of 360 Law Services warns in this week's NLJ that adoption of artificial intelligence (AI) risks entrenching disadvantage for SME law firms, unless tools are tailored to their needs
back-to-top-scroll