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Interpreting Statutory Purpose – Lessons from Y emshaw v H ounslow L ondon Borough Council
Author(s) -
Bevan Chris
Publication year - 2013
Publication title -
the modern law review
Language(s) - English
Resource type - Journals
SCImago Journal Rank - 0.37
H-Index - 22
eISSN - 1468-2230
pISSN - 0026-7961
DOI - 10.1111/1468-2230.12033
Subject(s) - context (archaeology) , statutory law , interpretation (philosophy) , harm , borough , statutory interpretation , law , political science , history , public administration , computer science , archaeology , programming language
Y emshaw v H ounslow LBC is a significant case in the fields of housing and family law, as well as giving rise to important issues as to the judicial role and statutory interpretation more broadly. This note critically analyses the reasoning of the S upreme C ourt in Y emshaw , in which the principal issue was whether the definition of ‘violence’ for the purposes of the H ousing A ct 1996 extended to non‐physical as well as physical forms of harm. In rejecting the view of the C ourt of A ppeal, the S upreme C ourt adopted a wider definition of violence to encompass emotional and psychological as well as financial abuse. This commentary adopts a fresh stance by examining closely the context surrounding the enactment of the H ousing A ct 1996 and how this informs the question of statutory interpretation. In so doing, the author suggests that the interpretation employed by the court is significantly undermined.