swarb.co.uk - law index
These cases are from the lawindexpro database. They are now being transferred to the swarb.co.uk website in a better form. As a case is published there, an entry here will link to it. The swarb.co.uk site includes many later cases.
Family - From: 1993 To: 1993
This page lists 28 cases, and was prepared on 02 April 2018.
Frary v Frary [1993] 2 FLR 696
1993
CA
Family
A spouse's wealthy cohabitant, who had been ordered to produce evidence not just as to the support provided by her (or him) to the spouse but as to her (or his) overall resources may be able successfully to invoke the courts jurisdiction to protect him from such an order as oppressive.
1 Citers
Miletante v Ogunwomoju; FD 1993 - [1993] 2 FCR 356; [1994] Fam Law 17
Powell v Osbourne; CA 1993 - [1993] 1 FCR 797; [1993] 1 FLR 1001
Tahir v Tahir (1993) SLT 194
1993
SCS
Lord Sutherland
Scotland, International, Family
The court was asked as to the recognition of a divorce decree from Pakistam. Held: Lord Sutherland observed: "What I have to look at is the decree which was pronounced in Pakistan. It would be contrary to public policy to recognise it, according to Choudhary, if both the motive and the effect were to deprive the pursuer of her rights in Scotland. That however is not the position because her rights are preserved under section 28 of the 1984 Act. There can therefore, in my view, be no public policy objection to written recognition of this divorce based on deprivation of the pursuer's financial rights. As I understood the submission made to me, it was only on the basis that she would be deprived of such rights that it was argued that there was a public policy objection to recognition."
Re Kumar (A Bankrupt), ex parte Lewis v Kumar [1993] 1 WLR 224
1993
Ferns J
Insolvency, Family, Land, Insolvency
H had transferred his interest in the jointly owned matrimonial home to W for her promise to have sole liability for the mortgage debt. Nearly a year later her divorce claim for capital provision was dismissed by consent on the basis that H had already transferred his interests to W. H was bankrupted, and his trustee applied under Section 339. The trustee relied on both paragraphs (a) and (c) of Section 339(3). He said that the consideration supporting the transfer of the bankrupt's interest was a release of such claims as she might have had under the 1973 Act, sections 23-25. Held: The assertion failed. The transfer of the property happened before the divorce and there was no evidence to support the contention that the transfer was in return for the Respondent agreeing not to apply for further capital provision under Sections 23-25. Ferns J said: "Re Abbott, although it is a decision on Section 42 of the Act of 1914, is applicable to section 339 to the extent that it decides that a compromise of a claim to a provision in matrimonial proceedings is capable of being consideration in money or money's worth".
W's counsel submitted that W had provided consideration. Ferns J said: "I would add that even if I had accepted the argument that there was such a compromise of Dr. Gupta's prospective claim for capital provision as was contended for on her behalf, it appears to me that I would have been driven to substantially the same conclusion. The transfer of Mr. Kumar's interest in 43, Broadwalk was a disposal of his only remaining capital asset of any significance. I cannot believe that any divorce court would have so exercised its jurisdiction under section 24 of the Matrimonial Causes Act 1973 as to require Mr. Kumar to transfer to Dr. Gupta, who had a superior earning capacity, substantially the whole of his capital, leaving him without the means to contribute from capital to the cost of acquiring a separate home for himself. In my view, in all the circumstances of this case as I find them, the transfer of his interest in 43, Broadwalk, contained a substantial element of bounty on the part of Mr. Kumar even if, as I find not to be the case, Dr. Gupta had agreed in return not to seek further provision out of capital."
Insolvency Act 1986 339 - Matrimonial Causes Act 1973 23 24 25
1 Cites
1 Citers
In re the marriage of Salacup (1993) 116 FLR 137
1993
Family
Establishing of domicile were party's immigration status changed over time.
1 Citers
Green v Green [1993] 1 FLR 326
1993
FD
Connell J
Family, Company
In an ancillary relief application, Connell J awarded to the wife assets vested in a limited company whose entire share capital was owned by the husband.
Matrimonial Causes Act 1973 37
1 Citers
Davis v Davis [1993] 1 FLR 54
1993
CA
Thorpe J
Family, Wills and Probate
The deceased had left his widow a life interest in his residuary estate, with power for his trustees to purchase a house for her occupation, which they had duly exercised. The essential question was whether, as the widow claimed, she should be awarded an absolute interest in the house, a question answered in the negative: "The Act of Parliament makes plain that the court's powers only arise if the court is satisfied that the disposition of the deceased's estate by his will fails to make reasonable financial provision for the plaintiff. It seems to me that the plaintiff has manifestly failed to cross the threshold. It is not for this court to rewrite the testamentary provisions of deceased persons lightly. If in this case it can be said that the provision of a life interest in the entire residuary estate is not reasonable provision then I think that could be asserted in almost any case in which the testator elects to make provision for his surviving spouse by that means."
Inheritance (Provision for Family and Dependants) Act 1975 2
1 Citers
Segal [1993] Fam Law 633
1993
Family
1 Citers
H v H (Financial Provision: Capital Assets) [1993] 2 FLR 335
1993
CA
Thorpe J
Family
H appealed against an order adjusting the shares in the matrimonial home in favour of W. Held: The appeal was allowed. The adjustment had been made without any particular rationale. Though H did stand to inherit, his mother was in robust health and was free to leave her asstes elsewhere if she wished. It remained significant also the W's fortune was also derived from H's family.
Pension expectations should be based upon what had been created during the marriage, and not on any prospective valuation. Capital awards should be made only on evidence.
1 Citers
Hennie v Hennie Ind Summary, 15 February 1993
15 Feb 1993
CA
Family
Where an order was made entitling one party to a marriage to occupy premises, it was important that both parties should know their exact position. Normally any such order should have a clearly stated time limit.
Matrimonial Homes Act 1983
L v L Ind Summary, 22 February 1993
22 Feb 1993
FD
Family
The court should provide reasonable rates for costs in Family Division. The registrar was right to use and apply his own knowledge of the rates charged locally in assessing what such reasonable rates would be.
Rules of the Supreme Court Ord 62 R 35
Marsh v Marsh Ind Summary, 01 March 1993; Times, 16 February 1993; [1993] 1 W.L.R. 744
1 Mar 1993
CA
Sir Stephen Brown P
Litigation Practice, Family
Appeals under the Family Proceedings Rules had to be read in conjunction with the CCR Order 37 r 6, and the judge hearing the appeal had discretion to substitute his own view for that of the court below. This is different from what applies on appeal to the Court of Appeal. In particular the judge may choose to hear fresh evidence: "No party shall be entitled as of right to adduce further evidence or oral evidence but the judge may in his discretion admit such further or oral evidence as he thinks relevant and just upon such terms as he thinks fit."
Family Proceedings Rules 1991 8.1(2) 8.1(3) 4.23 - County Court Rules 1981 Order 37 Rule 6 - Matrimonial Causes Act 1973
1 Citers
Jones v Jones Times, 23 March 1993
19 Mar 1993
CA
Russell, Simon Brown LJJ, Sir Michael Fox
Family, Contempt of Court
H appealed against his sentence of six months imprisonment for contempt of court in breaching a non-molestation order. Held: Whilst Ansah could not be used to establish a principle that imprisonment for contempt should be a last resort only, the sentence here could be reduced to three months. The use of committal orders in contempt cases in family proceedings need not necessarily only be in the last resort.
1 Cites
Woodley v Woodley (2); CA 12-Apr-1993 - Ind Summary, 12 April 1993; [1994] 1 WLR 1167
Re W (A Minor) (Residence Order); CA 3-May-1993 - Ind Summary, 03 May 1993; [1993] 2 FLR 625
B v B Independent, 14 May 1993; Times, 05 May 1993
5 May 1993
FD
Family
A pension fund with only one member can be a post nuptial settlement and open to variation in ancillary proceedings in a divorce.
Matrimonial Causes Act 1973 24(1)(c)
Essex County Council v Regina (Legal Professional Privilege) Ind Summary, 16 August 1993; Times, 18 August 1993
23 Jul 1993
FD
Thorpe J
Children, Family, Legal Professions
The court's duty to a child's welfare can override issues of legal professional privilege if necessary. Parties and their legal professional representatives appearing in a court on a Children's Act matter had a positive duty to disclose material documents, including experts' reports and even where otherwise protected by privilege. If not the court's assessment of the risks facing a child may be distorted.
Children Act 1989
Mordant v Hallas Gazette, 02 August 1993
2 Aug 1993
ChD
Insolvency, Family
A debt due which consisted of a matrimonial lump sum order is not provable in a bankruptcy.
1 Cites
1 Citers
Wallis v Wallis; HL 5-Aug-1993 - Times, 05 August 1993; 1993 SC (HL) 49; [1993] UKHL 16; [1993] EG 148 (CS); 1993 SLT 1348; 1993 SCLR 800
Jackson v Jackson Ind Summary, 16 August 1993
16 Aug 1993
CA
Family
The court was to decide before making decree if grave financial hardship suffered, and should make allowance for availability of Income Support.
Matrimonial Causes Act 1973 5(1)
Niebor v Niebor Ind Summary, 23 August 1993
23 Aug 1993
CA
Family
Court may reopen consent maintenance order for wife if in interests of children.
McCabe v McCabe Independent, 03 September 1993
3 Sep 1993
CA
Family
A Ghanean customary marriage was validated despite the absence of the bride and groom at the ceremony.
Brown v Brown Ind Summary, 27 September 1993
27 Sep 1993
CA
Family
A need to provide protection from actions short of violence may be sufficient for an ouster order to be made.
B v B Times, 06 October 1993
6 Oct 1993
CA
Family
An exclusion of a husband from the matrimonial home was justified even though the husband's actions fell short of actual violence.
Matrimonial Homes Act 1983 1(3)
D v D (Recognition of Foreign Divorce) Independent, 13 October 1993; [1994] 1 FLR 38
13 Oct 1993
FD
Family
Ghanaian dissolution of marriage was invalid and not recognised here since the wife had not been allowed any involvement.
Family Law Act 1986 46
1 Citers
In Re F (Minors) (Parental Home: Ouster); CA 1-Dec-1993 - Times, 01 December 1993; Gazette, 26 January 1994; Ind Summary, 13 December 1993
C v C; FD 9-Dec-1993 - Independent, 09 December 1993
