Source: All England Reporter
Publisher Citation: [2002] All ER (D) 32 (Nov)
Neutral Citation: [2002] EWCA Civ 1533
Court: Court of Appeal, Civil Division
Judge:

Kennedy, Buxton and Keene LJJ

Representation Paul Staddon (instructed by Oliver Fisher) for the claimant.
  Jonathan Small (instructed by Hugh Cartwright & Amin) for the landlord.
  Rabinder Singh QC (instructed by Bindman & Partners) for the intervener.
Judgment Dates: 5 November 2002

Catchwords

Landlord and tenant - Statutory tenancy - Succession by member of family - Homosexual partner of tenant - Claim by tenant's partner of same sex to remain in possession - Entitlement to statutory tenancy - .

The Case

Construing the Convention as a living instrument, sexual orientation was clearly recognised as an impermissible ground of discrimination. Having regard to the prohibition against discrimination in art14 of the European Convention on Human Rights, the court had to read the words 'as his or her wife or husband' in para2(2) of Sch1 to the to mean 'as if they were his or her wife or husband' in order that there should be no discrimination against long term same-sex monogamous relationships.

Practice Areas

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