| 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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