Godin-Mendoza v Ghaidan (Record no. 71817)

MARC details
000 -LEADER
fixed length control field 02282cam a2200265 4500
001 - CONTROL NUMBER
control field ABS66275
008 - FIXED-LENGTH DATA ELEMENTS--GENERAL INFORMATION
fixed length control field 021218n2002 000 0 eng u
035 ## - SYSTEM CONTROL NUMBER
System control number (Sirsi) u120837
245 ## - TITLE STATEMENT
Title Godin-Mendoza v Ghaidan
260 ## - PUBLICATION, DISTRIBUTION, ETC.
Date of publication, distribution, etc. 2002
490 ## - SERIES STATEMENT
Series statement Estates Gazette Case Summaries
Volume/sequential designation [2002] 46 EG 197 (CS)
490 ## - SERIES STATEMENT
Series statement Weekly Law Reports
Volume/sequential designation [2003] 2 WLR 478-494(17)
520 ## - SUMMARY, ETC.
Summary, etc. CA 5 November 2002. Considered whether discrimination on the ground of sexual orientation was excluded from protection of the European Convention on Human Rights Article 14. Appellant had been in a long term homosexual relationship with the tenant. Upon the tenant's death, the appellant was awarded an assured tenancy under the Rent Act 1977 Sched 1 para 2 and 3. "Fitzpatrick v Sterling Housing Association Ltd" HL 2001 was applied which held that the term 'spouse' for the purposes of awarding a statutory tenancy under Sched Para 2 although applicable to non-married partners would not apply to a partnership in a same-sex relationship. The test set out in "Michaelek v Wandsworth LBC" was considered. Firstly did the facts fall within the ambit of one or more of the substantive Convention provisions, secondly if so, were there differential treatment with respect to that right between the complainant and other persons(comparators) put forward for comparision, thirdly were the chosen comparators in an analogous situation to that for the complainant and lastly , if so, did the differential treatment have an objective and reasonable justification. Points 1 to 3 were satisfied. Held that sexual orientation was no longer a permissable ground for discrimination and that the Rent Act 1977 Sched 1 para 2 as construed by "Fitzpatrick v Sterling Housing Association Ltd" 1999 violated Article 14. Appeal allowed.
590 ## - LOCAL NOTE (RLIN)
Local note ABS
650 ## - SUBJECT ADDED ENTRY--TOPICAL TERM
Topical term or geographic name entry element MENDOZA V GHAIDAN
650 ## - SUBJECT ADDED ENTRY--TOPICAL TERM
Topical term or geographic name entry element GODIN-MENDOZA V GHAIDAN
650 ## - SUBJECT ADDED ENTRY--TOPICAL TERM
Topical term or geographic name entry element HOMOSEXUAL RELATIONSHIP
650 ## - SUBJECT ADDED ENTRY--TOPICAL TERM
Topical term or geographic name entry element RENT ACT 1977 SCHED 1 PARA 2
650 ## - SUBJECT ADDED ENTRY--TOPICAL TERM
Topical term or geographic name entry element DISCRIMINATION
650 ## - SUBJECT ADDED ENTRY--TOPICAL TERM
Topical term or geographic name entry element CONVENTION FOR THE PROTECTION OF HUMAN RIGHTS AND FUNDAMENTAL FREEDOMS ART 14
650 ## - SUBJECT ADDED ENTRY--TOPICAL TERM
Topical term or geographic name entry element FITZPATRICK V STERLING HOUSING ASSOCIATION LTD
650 ## - SUBJECT ADDED ENTRY--TOPICAL TERM
Topical term or geographic name entry element MICHALAK V WANDSWORTH LBC
690 ## - LOCAL SUBJECT ADDED ENTRY--TOPICAL TERM (OCLC, RLIN)
Topical term or geographic name as entry element LANDLORD AND TENANT-RESIDENTIAL TENANCIES-CASE LAW
942 ## - ADDED ENTRY ELEMENTS (KOHA)
Suppress in OPAC 0
Holdings
Withdrawn status Lost status Source of classification or shelving scheme Damaged status Not for loan Home library Current library Shelving location Date acquired Total Checkouts Full call number Barcode Date last seen Copy number Price effective from Koha item type
    Dewey Decimal Classification     London London Journal article 18/12/2002   ABS66275 120837-1001 06/08/2019 1 06/08/2019 Law report