The defendant appealed against a Magistrate’s order for his committal for failure to make payments under a maintenance order registered at the court. Held: The Magistrate did not have power to commit the defendant to prison without having satisfactory evidence of his ability to pay. Judges: Holman J Citations: [2013] EWHC 3688 (Fam), [2014] 1 … Continue reading Constantinides v Constantinides: FD 6 Nov 2013
The parties were to divorce. H was leaving the RAF and received a gratuity of andpound;2,200 and, having commuted his pension, received a total of andpound;7,624 which he gave over to the woman he now wished to marry. She in turn bought a mnk farm which they operated together, but not yet at a profit. … Continue reading Donaldson v Donaldson: 1958
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The court was asked to pierce the veil of incorporation of a company in the course of ancillary relief proceedings in a divorce. H had failed to co-operate with the court. After a comprehensive review of all the authorities, Munby J said: ‘The common theme running through all the cases in which the court has … Continue reading Ben Hashem v Ali Shayif and Another: FD 22 Sep 2008
Power to call in is administrative in nature The powers of the Secretary of State to call in a planning application for his decision, and certain other planning powers, were essentially an administrative power, and not a judicial one, and therefore it was not a breach of the applicants’ rights to a fair hearing before … Continue reading Regina (Holding and Barnes plc) v Secretary of State for Environment Transport and the Regions; Regina (Alconbury Developments Ltd and Others) v Same and Others: HL 9 May 2001