Same-sex succession

Mr Watson's partner, a tenant of Islington council, died in February 2003. Watson wanted to succeed to the tenancy. Islington was prepared to recognise a same-sex succession if Watson could prove 12 months' co-residence – also the legal qualifying condition for an unmarried heterosexual couple.

Having failed to satisfy the council of this, Watson instigated a judicial review.

He claimed the statutory qualifying condition discriminated against same-sex partners because heterosexual couples could marry, escape the 12-month condition and succeed as spouses. Given the importance of the point, the ODPM joined the case.

However, when Watson provided a full statement setting out the history of his partnership with the late tenant, Islington decided that he had, in fact, met the 12-month condition and succeeded. That left the discrimination issue as an "academic" one.

The judge refused to continue with the proceedings in the face of objections from the ODPM and Islington council and ordered each party to pay their own legal costs.