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.