Our website is set to allow the use of cookies. For more information and to change settings click here. If you are happy with cookies please click "Continue" or simply continue browsing. Continue.

Family Law

The leading authority on all aspects of family law

18 JUN 2012

Doing (linguistic) violence to prevent (domestic) violence? Yemshaw v Hounslow LBC in the Supreme Court [2012] CFLQ 95

This comment considers the decision of the Supreme Court in Yemshaw v London Borough of Hounslow. The Court held that the meaning of 'domestic violence' in section 177 of the Housing Act 1996 (duty to provide housing to such persons, who are not to be considered intentionally homeless) was not restricted to physical contact, but included other forms of abuse, such as psychological and emotional. It is argued that the judgment is justified by reference both to the wording of section 177 and the statutory purpose. Although the Court was required to 'update' the statutory meaning beyond the original Parliamentary intent, the construction adopted is consistent with the wording and purpose of the provision. The primary problem is the practical consequences for the fact finder, but such concerns cannot be determinative of the correct legal meaning. The decision in Yemshaw is an important step forward furthering the cause of joined-up law and government, as well as providing greater protection for an immensely vulnerable class.

Financial Remedies Handbook

Financial Remedies Handbook

Formerly entitled the Ancillary Relief Handbook this is the first resort for thousands of...

Available in Lexis®Library
Female Genital Mutilation

Female Genital Mutilation

Law and Practice

Covers the law, practice and procedure in respect of FGM and also includes wider contextual...