The claimant had granted a secure weekly tenancy of a maisonette to Mrs Campbell, which she occupied with her husband and children. Mrs Campbell then left the maisonette, leaving the husband in occupation. The husband made a proposal to the claimant whose substance was that he should be given the tenancy of the maisonette, but … Continue reading Sanctuary Housing Association v Campbell: CA 18 Mar 1999
Application for a stay of execution pending the hearing of a husband’s appeal against an order under the Matrimonial Homes Act 1983. Citations: [1994] EWCA Civ 22 Links: Bailii Jurisdiction: England and Wales Family Updated: 26 November 2022; Ref: scu.263236
A court has no power to make an interim order for the purchase of a house for the wife and children pending determination of the overall ancillary application. The result sought by the wife could have been achieved by application under section 17 of the Act of 1882, but ‘The power [under s.17] to order … Continue reading Wicks v Wicks: CA 29 Dec 1997
The tenant had been joint tenant with his wife of a house. On the breakdown of the marriage, she left and gave notice to quit to the council. The council sought and obtained an order for possession, against which the husband now sought leave to appeal against a refusal of an adjournment so that he … Continue reading Newlon Housing Trust v Alsulaimen: CA 16 Jan 1997
A wife being deemed to be the sole tenant took it subject to an existing possession order. Citations: Gazette 12-Jun-1996, Times 13-May-1996 Statutes: Rent Act 1977 1998, Matrimonial Homes Act 1983 1 Jurisdiction: England and Wales Landlord and Tenant, Family Updated: 31 October 2022; Ref: scu.79125
A Decree Nisi granted in a nullity petition does not prevent an application for an ouster order for violence within the family based upon the fact that the parties had been married. Citations: Times 04-Mar-1994 Statutes: Matrimonial Causes Act 1973 16, Matrimonial Homes Act 1983 1 Jurisdiction: England and Wales Family Updated: 26 October 2022; … Continue reading Pike v Pike: CA 4 Mar 1994
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. Citations: Ind Summary 15-Feb-1993 Statutes: Matrimonial Homes Act 1983 Jurisdiction: England and Wales Family Updated: 26 October 2022; Ref: … Continue reading Hennie v Hennie: CA 15 Feb 1993
Section section 37(3) of the 1983 Act was not wide enough in its terms to enable a judge to set aside a disposition granted by someone other than the husband or wife. That was because sub-section 3 only enabled a judge to give directions ‘consequential’ on setting aside a disposition which was reviewable under sub-section … Continue reading Green v Green: 1981
An exclusion of a husband from the matrimonial home was justified even though the husband’s actions fell short of actual violence. Citations: Times 06-Oct-1993 Statutes: Matrimonial Homes Act 1983 1(3) Jurisdiction: England and Wales Family Updated: 28 April 2022; Ref: scu.78042
The applicant appealed against a refusal to allow his early release from prison having been sentenced to 21 months for contempts of court. Held: The appeal failed. The court set out eight questions which might be asked before allowing such a release. The judge here had had the benefit of listening to the contemnor, and … Continue reading CJ v Flintshire Borough Council: CA 15 Apr 2010
The applicant sought leave to appeal out of time against the dismissal of his claim as an abuse of process, being an attempt to relitigate a lost case. He claimed to have had an interest in a house formerly occupied as a matrimonial property. The . .
1267 – 1278 – 1285 – 1297 – 1361 – 1449 – 1491 – 1533 – 1677 – 1688 – 1689 – 1700 – 1706 – 1710 – 1730 – 1737 – 1738 – 1751 – 1774 – 1792 – 1793 – 1804 – 1814 – 1819 – 1824 – 1828 – 1831 – 1832 … Continue reading Acts
