Source: All England Reporter
Publisher Citation: [2004] All ER (D) 210 (Jun)
Neutral Citation: [2004] UKHL 30
Court: House of Lords
Judge:

Lord Nicholls of Birkenhead, Lord Steyn, Lord Millett, Lord Rodger of Earlsferry and Baroness Hale of Richmond

Representation Monica Carrs-Frisk QC and Jonathan Small (instructed by Hugh Cartwright & Amin) for the claimant.
  Rabinder Singh QC and Paul Staddon (instructed by Oliver Fisher) for the defendant.
  Philip Sales QC and Judith Stone (instructed by the Treasury Solicitor) for the First Secretary of State, the intervenor.
Judgment Dates: 21 June 2004

Catchwords

Landlord and tenant - Statutory tenancy - Succession by member of family - Homosexual partner of tenant -  1, paras 2, 3(1) - s 3.

The Case

Paragraph2 of Sch1 to the violated the rights under art8 and 14 of the European Convention on Human Rights of the surviving homosexual partner of a statutory tenant, however, s3 of the Human Rights Act 1988 could be applied to para2 so that the paragraph was read and given effect to as though the survivor of a cohabiting homosexual couple was the surviving spouse of the original tenant.

Practice Areas

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