Ghaidan v Godin-Mendoza is an important case in human rights law in England and Wales due to its interpretation of primary legislation under section 3 of the Human Rights Act 1998.

[2] The final appeal of the case was heard on 21 June 2004 and established that the definition of "spouse" in the Rent Act 1977 had to be interpreted to include couples in same-sex relationships in order to comply with Article 8 of the European Convention on Human Rights.

Following Wallwyn-James's death in 2001, the landlord, Ahmad Ghaidan, claimed possession of the flat.

[1] Referencing Article 14 of the European Convention on Human Rights the court determined that Godin-Mendoza was being discriminated against in comparison to a heterosexual couple and, as such, the Rent Act definition of "spouse" should be interpreted to apply also to same-sex couples.

[3] The case established the precedent that section 3 of the Human Rights Act allows the court to "read in words" that change the meaning of primary legislation to make it compatible as long it is "compatible with the underlying thrust of the legislation being construed.