Domestic violence

In this case, the Supreme Court was confronted with a familiar dilemma, when statutory language does not immediately and obviously encompass a desired social development, as, in this instance, a generous interpretation of the word “violence”. The judicial discussion of the issue naturally harped back to the difficulties associated with “updating” the notion of “family” in Fitzpatrick v Sterling Housing Association Ltd [2001] 1 AC 27, where, it will be recalled, there was a split decision. In the present case there were some misgivings about an extended interpretation, and the overturning of the decision in Danesh v Kensington and Chelsea Royal London Borough Council [2006] EWCA Civ 1404, (followed in Yenshaw v Hounslow London Borough Council [2009] EWCA Civ 1543), but there was ultimately no dissent from the view that the expansive interpretation was preferable. Predictably Lady Hale bore the brunt of the exposition. Perhaps she should consult the Equality Act 2010!