... would be to adopt the "function-based definition".1 The focus of this approach would not be on technical formalities but rather more concerned with what people do. This gives the courts a wider discretion in defining what amounts to a family in light of changing social trends and attitudes. However, this approach is not without flaws. The main problem would be to answer the question of: "what should the functions of a family be?" This would mean that the functions of the idealized family would be adopted and again, this is rigid. Nevertheless, it is still more flexible than the idealized definition or the formalist definition as the function based approach permits other family forms to be included within the definition. Previously, in Gammans v. Ekins2, the Court of Appeal held that the defendant who was not married to the tenant could not be considered as a "member of the tenant's ...

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