The appellant sought housing after leaving her home to escape domestic violence. The violence was short of physical violence, and the authority had denied a duty to rehouse her. She said that the term ‘domestic violence’ in the Act was not intended to apply only to physical violence.
Held: Her appeal succeeded. The term ‘domestic violence’ had come to acquire a meaning beyond physical violence only. The term was not a term of art, but may have several meanings, and these included definitions given in the court’s own practice directions: ”Domestic violence’ includes physical violence, threatening or intimidating behaviour and any other form of abuse which, directly or indirectly, may give rise to the risk of harm.’
Lord Hope, Deputy President, Lord Rodger, Lord Walker, Lady Hale, Lord Brown
[2011] UKSC 3, UKSC 2010/0060, [2011] 1 WLR 433, [2011] PTSR 462, [2011] Fam Law 349, [2011] HLR 16, [2011] 1 All ER 912, [2011] NPC 9
Bailii, Bailii Summary, SC, SC Summ
Housing Act 1996 177(1)
England and Wales
Citing:
Overruled – Royal Borough of Kensington and Chelsea v Danesh CA 5-Oct-2006
The tenant family appealed against a decision that the authority had no duty to rehouse them after they suffered violence. They had been living for a year in Swansea and on being granted indefinite leave to remain they were now eligible under Part . .
Appeal from – Yemshaw v London Borough of Hounslow CA 15-Dec-2009
‘The sole but important issue on this appeal is the meaning of ‘violence’ in section 177(1) of the Housing Act 1996 (‘the Act’). The question is whether, for the purposes of that provision, ‘violence’ requires some sort of physical contact or . .
Cited – Regina v Hillingdon London Borough Council Ex parte Puhlhofer HL 2-Jan-1986
Not Homeless Even if Accomodation Inadequate
The applicants, a married couple, lived with a young child and later also a baby in one room of a guest house. They were given breakfast but had no cooking or washing facilities. They succeeded on a judicial review of the housing authority’s . .
Cited – Regina v Burstow, Regina v Ireland HL 24-Jul-1997
The defendant was accused of assault occasioning actual bodily harm when he had made silent phone calls which were taken as threatening.
Held: An assault might consist of the making of a silent telephone call in circumstances where it causes . .
Cited – Fitzpatrick v Sterling Housing Association Ltd HL 28-Oct-1999
Same Sex Paartner to Inherit as Family Member
The claimant had lived with the original tenant in a stable and long standing homosexual relationship at the deceased’s flat. After the tenant’s death he sought a statutory tenancy as a spouse of the deceased. The Act had been extended to include as . .
Cited – Bond v Leicester City Council CA 23-Oct-2001
The applicant had been the victim of domestic violence. She applied to be rehoused, but the authority considered her to be intentionally homeless, since she could have applied to court for an injunction excluding the violent partner.
Held: . .
Cited – AN (Pakistan) v Secretary of State for The Home Department CA 6-Jul-2010
The claimant appealed against refusal of indefinite leave to remain. She said that she feared if she returned to Pakistan she would be subject to domestic violence. Though her husband had received prison sentences of three years for offences of . .
Cited by:
Cited – NML Capital Ltd v Argentina SC 6-Jul-2011
The respondent had issued bonds but in 2001 had declared a moratorium on paying them. The appellant hedge fund later bought the bonds, heavily discounted. Judgment was obtained in New York, which the appellants now sought to enforce against assets . .
Cited – English Bridge Union Ltd, Regina (on The Application of) v The English Sports Council and Others Admn 15-Oct-2015
The claimant Union claimed that the defendant should recognise the game of bridge as a sport. The defendant had adopted a definition from Europe which required physical activity, and the Union said that this was a misconstruction of its Royal . .
Lists of cited by and citing cases may be incomplete.
Housing, Family
Leading Case
Updated: 31 October 2021; Ref: scu.428280