Fitzpatrick v sterling housing association. Current Developments 2019-02-01

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Not `Social Justice': The Housing Association, the Judges, the Tenant and his Lover Fitzpatrick v. Sterling Housing Association [1997] 4 All E.R. 991; [1998] 1 F.L.R. 6 (C.A.); [1999] 4 All E.R. 705 (H.L.)

fitzpatrick v sterling housing association

In addition to protecting the tenant personally, Parliament has always been concerned to protect the family unit of which the deceased tenant was part. The next point to note is that family is not limited to blood relations and the tenant's spouse. Finally, I should shortly refer to certain legal decisions from other jurisdictions upon which Mr Blake sought to rely. Judicial activism certainly has to be tempered by due restraint, and the drawing of the boundary of the judicial task is often delicate and sometimes controversial. I wish to mention only two. It still requires, it seems to me, at least a broadly recognisable de facto familial nexus.

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Fitzpatrick v Sterling Housing Association Ltd; [2000] 1 FCR 21 : Family Court Reports

fitzpatrick v sterling housing association

The amendment to paragraph 2 has laid down the relevant criterion which the relationship must satisfy. This expression is not a term of art; that is, it is not a technical term with a specific meaning. They may be held to do so, if they fall within the same genus of facts as those to which the expressed policy has been formulated. A man and woman living together in a stable and permanent sexual relationship are capable of being members of a family for this purpose. The concept underlying membership of a family for present purposes was the sharing of lives together in a single family unit living in one house.

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Ghaidan v. Godin

fitzpatrick v sterling housing association

Marriage, spouse, husband and wife were all terms connoting a relationship between a man and a woman, that is, between persons of the opposite sex. I am in no doubt that this question should be answered affirmatively. That was a case involving the provision of airline tickets for a married spouse and an unmarried cohabitant of a different sex. In Carega, referring to the judgment of Megaw L. The Rent Act 1977 consolidated the existing law but section 76 of the Housing Act 1980 extended the rights to take over the tenancy to a surviving spouse of either sex and not just to the widow. It was implicit in Mr. The essential meaning of the word has not changed over the intervening years, but changes in social habits and opinions may affect the propriety of its application to new circumstances.

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Fitzpatrick (A.P.) v. Sterling Housing Association Ltd., (1999)

fitzpatrick v sterling housing association

They did not, however, qualify as a Housing Association within the terms of the Housing Act 1985. In Salgueiro da Silva Mouta v. The trial judge held that through their relationship this elderly. The categories of those persons have varied from time to time. Indeed it underlines that the developments for which he contends involve developments of policy and fall far outside the proper ambit of statutory construction. Maintaining the 'bright line rule' that marriage is for partners of the opposite sex and civil partnership for those of the same sex was held to strike a fair balance between the interests of the applicants and the wider community.

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Fitzpatrick v Sterling Housing Association Ltd

fitzpatrick v sterling housing association

The second point to note is that membership of a family for this purpose is not confined to blood relations. Hansard Is the official report of what is said in Parliament when the Act was debated and is an external or extrinsic aid. I would only add that the view which I take of this head of the argument appears to accord with El-Al Israeli Airlines Ltd. Ghaidan and as such the claimant- Mr. Similarly if it were explicit or clear that the word must be given a very wide meaning so as to cover relationships for which a court, conscious of the traditional views of society might disapprove, the court's duty would be to give effect to it. But in any case there must be sufficient of the relevant characteristics to justify the application of the descriptive term.


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Fitzpatrick v Sterling Housing Association Ltd; [2000] 1 FCR 21 : Family Court Reports

fitzpatrick v sterling housing association

For this reason, being part of the Mendoza community comes with major responsibilities that also make it possible for a person to contribute positively to the community. The court must always look to the best interests of the child in question. It was held that in accordance with the ordinary use of language she was a member of the tenant's family, essentially, as it would seem, on account of her dedication to caring for them, although, as was pointed out in Ross v. Stripped of that feature he cannot, on the English authorities, succeed. This may be capable of being found and recognised as such by the ordinary man-where the link would be strictly familial had there been a marriage, or where the link is through adoption of a minor, de jure or de facto, or where the link is 'step-,' or where the link is 'in-law' or by marriage. On the death of the tenant his family cannot be evicted without further ado.

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fitzpatrick v sterling housing association

fitzpatrick v sterling housing association

On this appeal to your Lordships' House the appellant put forward both grounds but he relies in the first place on paragraph 2 of the Schedule to the Act of 1977, as amended. Ghaidan thought that this was the best opportunity to evict Mr. Other family members get an assured tenancy which does not pass on to that person's successor whereas in the case of the spouse there may be a further succession. The main objects of the Rent Acts are the giving to tenants of fair rents and a security of tenure Megarry: Rent Acts 11th ed. It was not a commercial arrangement. It would also be difficult to establish it without an active sexual relationship between them or at least the potentiality of such a relationship.

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Not `Social Justice': The Housing Association, the Judges, the Tenant and his Lover Fitzpatrick v. Sterling Housing Association [1997] 4 All E.R. 991; [1998] 1 F.L.R. 6 (C.A.); [1999] 4 All E.R. 705 (H.L.)

fitzpatrick v sterling housing association

The court held that despite the Resolution of the European Parliament on 12th September 1989 and Recommendation 1117 adopted by the Parliamentary. However, Strasbourg has had to deal with claims under article 14 brought by unmarried heterosexual partners. The appellant hedge fund later bought the bonds, heavily discounted. The Court of Appeal reversed the judge's decision, and held that on the facts the relationship was not within the permissible limits of the meaning of the phrase 'a member of the. The concept of war and conflict is thematically expressed in Henry V where the previously rash prince claims the throne after the death of father in a chaotic environment.

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