Impact of HRA on SI

• Which act requires the courts to take account of the act when interpreting statue?

  Human Rights Act 1998
• Under which section of the HRA are courts now obliged as far as is possible to do so to interpret legislation in line with convention rights?


  S.3 (1) HRA 1998
• What is the key case in relation to human rights?

  Mendoza v Ghaidan
• Under which act did the defendant and his homosexual partner have legal tenancy? 


  Rent Act 1977
• What happened after the death of the homosexual partner in 2001 in Mendoza v Ghaidan?


  The landlord brought proceedings against the defendant in the County Court, claiming possession of the flat
• What was the issue in Mendoza v Ghaidan

  whether the defendant could be considered a spouse as a spouse could succeed in the tenancy if living in the property prior to the death of the deceased
• How did the Rent Act 1977 define spouse?


  a person living with the original tenant as his or her wife or husband, regardless of marriage
• If the meaning of spouse in the Rent Act 1977 did not apply to a homosexual couple, what is it?

  Discriminatory under Article 8 and Article 14 of the Human Rights Act 1998
• What is Article 8 of the HRA


  the right to respect for family, home and correspondence
• What is Article 14 of the HRA


  the right to be free from discrimination
• What was held in Mendoza v Ghaidan?

  using the purposive approach to statutory interpretation, the Rent Act 1997 had to be construed as including persons in a same-sex relationship