AA v BB: FD 2 Jul 2021

Appeal against a case management decision made by Recorder Glancy QC to exclude evidence from a fact finding hearing where there are allegations of domestic abuse.

The Honourable Mrs Justice Judd DBE
[2021] EWHC 1822 (Fam)
Bailii
England and Wales

Family

Updated: 18 January 2022; Ref: scu.665989

Airey v Ireland: ECHR 9 Oct 1979

Family law proceedings such as judicial separation do give rise to civil rights. In complex cases article 6 might require some provision for legal assistance, the precise form being a matter for the member state. The Court reiterated the importance of the right of access to a court, having regard to the prominent place held in a democratic society by the right to a fair trial.
There may be circumstances in which, without the assistance of a legally qualified representative, a litigant might be denied her Article 6 right to be able to present her case properly and satisfactorily. Ireland was in breach of Mrs. Airey’s Article 6 rights because it was not realistic to suppose that, in litigation of the type in which she was involved, she could effectively conduct her own case, despite the assistance which the judge affords to parties acting in person.

6289/73, Series A no 32, (1979) 2 EHRR 305, [1979] ECHR 3
Bailii
European Convention on Human Rights 6
Human Rights
Cited by:
CitedBoyle and Rice v The United Kingdom ECHR 27-Apr-1988
Hudoc Judgment (Merits and just satisfaction) Violation of Art. 8; Costs and expenses award – Convention proceedings
The first applicant had been convicted and sentenced for murder and subsequent acts of . .
CitedSecretary of State for Work and Pensions v Kehoe CA 5-Mar-2004
The claimant had applied to the Child Support Agncy for maintenance. They failed utterly to obtain payment, and she complained now that she was denied the opportunity by the 1991 Act to take court proceedings herself.
Held: The denial of . .
See AlsoAirey v Ireland ECHR 6-Feb-1981
Hudoc Judgment (Just satisfaction) Costs and expenses – claim rejected; Non-pecuniary damage – financial award; Pecuniary damage – claim rejected. . .
CitedSteel and Morris v United Kingdom ECHR 15-Feb-2005
The applicants had been sued in defamation by McDonalds. They had no resources, and English law precluded legal aid for such cases. The trial was the longest in English legal history. They complained that the non-availablility of legal aid infringed . .
CitedCampbell v MGN Ltd (No 2) HL 20-Oct-2005
The appellant sought to challenge the level of costs sought by the claimant after she had succeeded in her appeal to the House. Though a relatively small sum had been awarded, the costs and success fee were very substantial. The newspaper claimed . .
CitedMAK and RK v The United Kingdom ECHR 23-Mar-2010
mak_ukECHR10
When RK, a nine year old girl was taken to hospital, with bruises, the paediatrician wrongly suspecting sexual abuse, took blood samples and intimate photographs in the absence of the parents and without their consent.
Held: The doctor had . .
CitedMGN Limited v United Kingdom ECHR 18-Jan-2011
The applicant publisher said that the finding against it of breach of confidence and the system of success fees infringed it Article 10 rights to freedom of speech. It had published an article about a model’s attendance at Narcotics anonymous . .
CitedLopez Ostra v Spain ECHR 9-Dec-1994
A waste treatment plant was built close to the applicant’s home in an urban location and the plant released fumes and smells which caused health problems to local residents.
Held: A duty exists to take reasonable and appropriate measures to . .
CitedBryant and Others, Regina (on The Application of) v The Commissioner of Police of The Metropolis Admn 23-May-2011
Several claimants sought leave to bring judicial review of decisions taken by the defendant in the investigation of suggestions that their telephone answering systems had been intercepted by people working for the News of the World. They said that . .
CitedApollo Engineering Ltd v James Scott Ltd (Scotland) SC 13-Jun-2013
After long running litigation between the parties, a shareholder and director of Apollo sought to represent the company in person. He was refused leave by the Court of Session, and now sought to appeal. The Court considered the possibility of an . .
CitedQ v Q FD 21-May-2014
The father sought contact with his child. It was resisted by the mother. He was a convicted sex offender with offences against young male children. Expert evidence had been obtained, and he wished to challenge it. However, legal aid had been . .
CitedIn re X and Others (Deprivation of Liberty) CoP 7-Aug-2014
inreX_dolCoP1408
The court considered the practical and procedural implications for the Court of Protection of what was expected too be a large increase in its case-load which following the Supreme Court’s decision in Surrey County Council v P where it was held that . .
CitedJordan, Re for Judicial Review SC 6-Mar-2019
(Northern Ireland) The deceased had been shot by a member of the Royal Ulster Constabulary in 1992. There had been inquests in 1995 and 2012, but proceedings were again brought alleging delay. The Court of Appeal had ordered a further stay of . .

Lists of cited by and citing cases may be incomplete.

Human Rights, Legal Aid, Family

Updated: 16 January 2022; Ref: scu.164888

Gandhi v Patel and others: ChD 31 Jul 2001

Park J
[2001] EWHC Ch 473, [2002] 1 FLR 603
Bailii
England and Wales
Cited by:
CitedHudson v Leigh FD 5-Jun-2009
The claimant sought a decree of divorce. The ceremony had been a religious one in Cape Town. They had intended it to be followed by a ceremony in a register office in England, but this did not happen. The pastor in south Africa said that he had . .

Lists of cited by and citing cases may be incomplete.

Family, Wills and Probate

Updated: 15 January 2022; Ref: scu.263739

VR v YD and Another: FD 29 Sep 2021

Application for disclosure in the context of proceedings brought under the 1980 Hague Convention. The subject matter of the application is material generated in the context of an application for asylum made by the child who is at the centre of the mainframe Convention application in which his father seeks his return to Ukraine.

The Honourable Mrs Justice Roberts DBE
[2021] EWHC 2642 (Fam)
Bailii
England and Wales

Family

Updated: 15 January 2022; Ref: scu.669906

Khachab v Subdelegacion del Gobierno en Alava: ECJ 21 Apr 2016

ECJ (Judgment) Reference for a preliminary ruling – Directive 2003/86/EC – Article 7(1)(c) – Family reunification – Requirements for the exercise of the right to family reunification – Stable and regular resources which are sufficient – National legislation permitting a prospective assessment of the likelihood that the sponsor will retain his resources – Compatibility

T. von Danwitz, P
C-558/14, [2016] EUECJ C-558/14, ECLI:EU:C:2016:285
Bailii
Directive 2003/86/EC

European, Family

Updated: 14 January 2022; Ref: scu.562820

Re JK (A Child), (Domestic Abuse: Finding of Fact Hearing): FD 21 May 2021

This judgment follows a finding of fact hearing concerning allegations of a pattern of coercive and/or controlling behaviour during the course of a marriage. The hearing has taken place shortly after the Court of Appeal handed down its judgment in Re H-N and Others (children) (domestic abuse: finding of fact hearings) [2021] EWCA 448 (Civ) in which guidance was given in relation to such hearings.

Mr Justice Poole
[2021] EWHC 1367 (Fam)
Bailii
England and Wales

Family, Children

Updated: 14 January 2022; Ref: scu.663807

Jean Murray, Otherwise Carlyle, of Locharthur, and Husband v George Carlyle, Son of The Deceased Thomas Carlyle, In Travala, In Wales: HL 21 Feb 1770

Deed – Construction – Conditions. –
A marriage-contract, although absurd, and inconsistent in some of its clauses, yet, as it was clear in the destination clause, it was sustained.

[1770] UKHL 6 – Paton – 779a, (1770) 6 Paton 779a
Bailii
Scotland

Family

Updated: 13 January 2022; Ref: scu.561663

James Fairie v James Watson: HL 19 Feb 1770

Conquest – Approbate and Reprobate.-
In a marriage contract, the husband had conveyed the whole lands and heritages that he might conquest or acquire during the marriage, one half to themselves in conjunct fee and liferent, and to the children of the marriage in fee; whom failing, to his wife’s own nearest heirs. And in case of his dying without children, and his wife surviving him, then in that case disponing to her 100 merks, in full of all she, or her next of kin could claim: Held, in an action by her next of kin, for one half of the conquest after her death, that she could not approbate and reprobate the same deed by accepting the 100 merks, and also claiming the conquest; and that the house purchased during the marriage was not conquest, it appearing to have been purchased with funds at his disposal at the commencement of the marriage, and not with funds acquired by him subsequent thereto, and during the subsistence thereof.

[1770] UKHL 2 – Paton – 213
Bailii
Scotland

Family

Updated: 13 January 2022; Ref: scu.561662

James Arthur v Janet Gourlay: HL 9 Mar 1769

Separate Aliment.-
Where the husband offers to aliment the wife in his own house, but takes lodgings only for her, and does not eat, sleep, or stay in the same house with her. Held, that this is not adherence sufficient to exempt him from liability in a separate alimony.

[1769] UKHL 2 – Paton – 184
Bailii
Scotland

Family

Updated: 13 January 2022; Ref: scu.561656

Wilkinson v Kitzinger and others: FD 31 Jul 2006

The parties had gone through a ceremony of marriage in Columbia, being both women. After the relationship failed, the claimant sought a declaration that the witholding of the recognition of same-sex marriages recoginised in a foreign jurisdiction was an infringement of her human rights.
Held: Such a relationship is recognised in England as a civil partnership, and not as a marriage. That was not an infringment of the claimant’s human rights and no declaration of incompatibility was made in respect of s11(3) of the 1973 Act.

Sir Mark Potter President
[2006] EWHC 2022 (Fam), Times 21-Aug-2006, [2006] HRLR 36, [2007] 1 FCR 183, [2007] UKHRR 164, [2007] 1 FLR 295, [2006] Fam Law 1030
Bailii
Family Law Act 1986 55, Matrimonial Causes Act 1973 11(c), Human Rights Act 1998 4
England and Wales
Citing:
CitedHyde v Hyde and Woodmansee 20-Mar-1866
A marriage contracted in a country where polygamy is lawful, between a man and a woman who profess a faith which allows polygamy, is not a, marriage as understood in Christendom; and although it is a valid marriage by the lex loci, and at the time . .
CitedCorbett v Corbett (otherwise Ashley) FD 1-Feb-1970
There had been a purported marriage in 1963 between a man and a male to female trans-sexual.
Held: Because marriage is essentially a union between a man and a woman, the relationship depended on sex, and not on gender. The law should adopt the . .
CitedBellinger v Bellinger HL 10-Apr-2003
Transgender Male to Female not to marry as Female
The parties had gone through a form of marriage, but Mrs B had previously undergone gender re-assignment surgery. Section 11(c) of the 1973 Act required a marriage to be between a male and a female. It was argued that the section was incompatible . .
CitedMette v Mette 1859
Where somebody with English domicile purports to marry in another jurisdiction, but the parties lack capacity to marry in English law, the marriage is not recognised in England. . .
CitedBrooks v Brooks HL 1861
. .
CitedBerthiaume v Dastous HL 1930
Under the rules of private international law the form of marriage is generally governed by the local law of the place of celebration.
Lord Dunedin said: ‘If there is one question better settled than any other in international law, it is that . .
CitedPugh v Pugh 1951
The court considered the age requirement for capacity to marry. . .
CitedPadolecchia v Padolecchia FD 1968
Ante-nuptial domicile sets capacity law
The husband domiciled in Italy was divorced from his first wife in Mexico. The divorce was not recognised in Italy. The husband then went to live in Denmark and during a one day visit to England went through a ceremony of marriage with a woman . .
CitedVervaeke v Smith CA 1981
The issue was whether a Belgian decree pronouncing void a marriage celebrated in England should be recognised here. The parties had entered into the marriage with no intention of ever living together. Relying on its notion of public policy, the . .
CitedVervaeke v Smith HL 1983
A petitioner for a decree of nullity of an English marriage in the English courts on the grounds of lack of consent to the marriage, having failed to obtain such decree, obtained a declaration from the Belgian court that the English marriage, was . .
CitedLawrence v Lawrence 1985
Exceptionally the court may look at the capacity of a party to marry in a particular jursidiction by reference to the intended family home rather than the ante-nuptial domicile. . .
CitedRees v The United Kingdom ECHR 17-Oct-1986
The applicant had been born and registered as a female, but later came to receive treatment and to live as a male. He complained that the respondent had failed to amend his birth certificate.
Held: The court accepted that, by failing to confer . .
CitedJohnston and Others v Ireland ECHR 18-Dec-1986
Hudoc Judgment (Merits and just satisfaction) Preliminary objection rejected (victim); Preliminary objection rejected (non-exhaustion); Violation of Art. 8; Pecuniary damage – claim rejected; Non-pecuniary damage . .
CitedSecretary of State for Work and Pensions v M HL 8-Mar-2006
The respondent’s child lived with the estranged father for most of each week. She was obliged to contribute child support. She now lived with a woman, and complained that because her relationship was homosexual, she had been asked to pay more than . .
CitedF v Switzerland ECHR 18-Dec-1987
Hudoc Judgment (Merits and just satisfaction) Violation of Art. 12; Non-pecuniary damage – finding of violation sufficient; Costs and expenses award – domestic proceedings; Costs and expenses award – Convention . .
CitedB And L v The United Kingdom ECHR 13-Sep-2005
The claimants said that UK law was inconsistent in its treatment of marriage between in-laws, since it provided that it was available only by means of a private Act of parliament.
Held: The provision was irrational and infringed the human . .
CitedN v Secretary of State for the Home Department HL 5-May-2005
The applicant had sought asylum here, but her application was rejected. She was suffering advanced HIV/AIDS. With continued proper treatment she would survive several years. If returned to Uganda she would not receive that treatment and would not . .
CitedCossey v The United Kingdom ECHR 27-Sep-1990
A male to female transsexual who had undergone full gender reassignment surgery wished to marry. The court held that despite the Resolution of the European Parliament on 12th September 1989 and Recommendation 1117 adopted by the Parliamentary . .
CitedGhaidan v Godin-Mendoza HL 21-Jun-2004
Same Sex Partner Entitled to tenancy Succession
The protected tenant had died. His same-sex partner sought a statutory inheritance of the tenancy.
Held: His appeal succeeded. The Fitzpatrick case referred to the position before the 1998 Act: ‘Discriminatory law undermines the rule of law . .
CitedNiemietz v Germany ECHR 16-Dec-1992
A lawyer complained that a search of his offices was an interference with his private life.
Held: In construing the term ‘private life’, ‘it would be too restrictive to limit the notion of an ‘inner circle’ in which the individual may live his . .
CitedRegina v Special Adjudicator ex parte Ullah; Regina v Secretary of State for the Home Department HL 17-Jun-2004
The applicants had had their requests for asylum refused. They complained that if they were removed from the UK, their article 3 rights would be infringed. If they were returned to Pakistan or Vietnam they would be persecuted for their religious . .
CitedBotta v Italy ECHR 24-Feb-1998
The claimant, who was disabled, said that his Article 8 rights were infringed because, in breach of Italian law, there were no facilities to enable him to get to the sea when he went on holiday.
Held: ‘Private life . . includes a person’s . .
CitedKarner v Austria ECHR 24-Jul-2003
A surviving same-sex partner sought a right of succession to a tenancy (of their previously shared flat). Interveners ‘pointed out that a growing number of national courts in European and other democratic societies require equal treatment of . .
CitedSheffield and Horsham v The United Kingdom ECHR 30-Jul-1998
It is within a nation’s margin of appreciation to refuse to re-register birth details of people who had undergone sex-changes. Similarly it was not a human rights infringement not to allow post operative trans-sexuals to marry. However the court was . .
CitedRegina v Secretary of State for the Home Department Ex parte Anderson HL 25-Nov-2002
The appellant had been convicted of double murder. The judge imposed a mandatory life sentence with a minimum recommended term. The Home Secretary had later increased the minimum term under the 1997 Act. The appellant challenged that increase.
CitedGoodwin v The United Kingdom ECHR 11-Jul-2002
The claimant was a post operative male to female trans-sexual. She claimed that her human rights were infringed when she was still treated as a man for National Insurance contributions purposes, where she continued to make payments after the age at . .
CitedMata Estevez v Spain ECHR 10-May-2001
The claimant complained that the state did not give proper recognition of his relationship with his deceased same sex partner.
Held: The court noted the growing tendency in a number of European states towards the legal and judicial recognition . .
CitedRegina v A (Complainant’s Sexual History) (No 2) HL 17-May-2001
The fact of previous consensual sex between complainant and defendant could be relevant in a trial of rape, and a refusal to allow such evidence could amount to a denial of a fair trial to a defendant. Accordingly, where the evidence was so relevant . .
CitedIn re S (Minors) (Care Order: Implementation of Care Plan) HL 14-Mar-2002
Section 3(1) of the 1998 Act is not available where the suggested interpretation is contrary to express statutory words or is by implication necessarily contradicted by the statute. The judge’s task is to interpret, not to legislate. The proposed . .
CitedFrette v France ECHR 26-Feb-2002
A single homosexual man complained that the respondent state had made it impossible for him to adopt a child.
Held: The claim was within the ambit of article 8 as regards respect for family life, but the court dismissed the claim under article . .
CitedVan Der Mussele v Belgium ECHR 23-Nov-1983
There is discrimination only if the cases under comparison are not sufficiently different to justify the difference in treatment. This expressed by saying that the two cases must be in an ‘analogous situation’. The social security system is a . .
CitedCarson, Regina (on the Application of) v Secretary of State for Work and Pensions; Reynolds v Same HL 26-May-2005
One claimant said that as a foreign resident pensioner, she had been excluded from the annual uprating of state retirement pension, and that this was an infringement of her human rights. Another complained at the lower levels of job-seeker’s . .
CitedPretty v The United Kingdom ECHR 29-Apr-2002
Right to Life Did Not include Right to Death
The applicant was paralysed and suffered a degenerative condition. She wanted her husband to be allowed to assist her suicide by accompanying her to Switzerland. English law would not excuse such behaviour. She argued that the right to die is not . .
CitedPetrovic v Austria ECHR 27-Mar-1998
The applicant was refused a grant of parental leave allowance in 1989. At that time parental leave allowance was available only to mothers. The applicant complained that this violated article 14 taken together with article 8.
Held: The . .
CitedSmith and Grady v The United Kingdom ECHR 27-Sep-1999
The United Kingdom’s ban on homosexuals within the armed forces was a breach of the applicants’ right to respect for their private and family life. Applicants had also been denied an effective remedy under the Convention. The investigations into . .
CitedMichalak v London Borough of Wandsworth CA 6-Mar-2002
The appellant had occupied for a long time a room in a house let by the authority. After the death of the tenant, the appellant sought, but was refused, a statutory tenancy. He claimed to be a member of the tenant’s family, and that the list of . .
CitedShackell v United Kingdom ECHR 27-Apr-2000
The court held inadmissible a claim by an unmarried woman to widow’s benefit. The parties having chosen not to marry, they could not complain of not having the legal benefits of a marriage. The promotion of marriage by way of limited benefits for . .
CitedFitzpatrick v Sterling Housing Association Ltd HL 28-Oct-1999
Same Sex Paartner to Inherit as Family Member
The claimant had lived with the original tenant in a stable and long standing homosexual relationship at the deceased’s flat. After the tenant’s death he sought a statutory tenancy as a spouse of the deceased. The Act had been extended to include as . .
CitedSalgueiro Da Silva Mouta v Portugal ECHR 21-Dec-1999
There was a difference in treatment between the applicant and a comparator based on the applicant’s sexual orientation, a concept which is undoubtedly covered by Article 14. The list set out in this provision is of an indicative nature and is not . .
See AlsoWilkinson v Kitzinger and Another FD 12-Apr-2006
The petitioner intended to seek a declaration as to her marital status. She and the respondent had married in a civil ceremony in British Columbia in 2003. She sought a declaration of incompatibility with regard to section 11(3) of the 1973 Act so . .

Cited by:
CitedSmith v Lancashire Teaching Hospitals NHS Trust and Another QBD 8-Sep-2016
The claimant had cohabited with the deceased: ‘The claimant seeks a declaration in one of two alternative forms:
i) Pursuant to s.3 of the Human Rights Act 1998 . . that s.1A(2)(a) of the Fatal Accidents Act 1976 . . is to be read as including . .
CitedSteinfeld and Another v Secretary of State for Education CA 21-Feb-2017
Hetero Partnerships – wait and see proportionate
The claimants, a heterosexual couple complained that their inability to have a civil partnership was an unlawful discrimination against them and a denial of their Article 8 rights. The argument that the appellants’ case did not come within the ambit . .

Lists of cited by and citing cases may be incomplete.

Family, Human Rights

Updated: 13 January 2022; Ref: scu.244130

Frost v Frost: CA 1968

Admission of new evidence on appeal in family matters.

[1968] 1 WLR 1221
England and Wales
Cited by:
CitedIn re K (Children) (Non-accidental injuries: Perpetrator: New Evidence) CA 27-Aug-2004
The children had been taken into care, and freed for adoption. The mother appealed saying the blame for non-accidental injury was misplaced. The court had not thought her responsible for the non-accidental injuries, but she had been unwilling to . .

Lists of cited by and citing cases may be incomplete.

Family

Updated: 13 January 2022; Ref: scu.200657

Chief Adjudication Officer v Bath: CA 28 Oct 1999

The claimant and her husband had been married at a Sikh temple, and lived together for many years before his death. The temple had not been accredited for marriages, and the Secretary of State resisted payment of benefits to the claimant as a widow, saying that she had not been married.
Held: The claimant’s appeal succeeded. There was nothing to make the marriage void, and there was a presumption of a valid marriage where the parties had gone through a ceremony and had lived together on that basis. The fact discovered many years later that the ceremony was defective would not mean that the couple were not married. This was supported by old common law rules. The validity of a marriage should be upheld wherever possible: ‘there is nothing to suggest that the Sikh marriage ceremony and the consequences thereof in the eyes of the Sikh religious authorities was other than such a voluntary union for life of one man and one woman to the exclusion of all others. In my view that ‘marriage’ is validated by the common law presumption from long cohabitation, in pursuance of the policy of the law that, in the absence of the clearest possible reason why there should not be such a presumption, a ceremony of ‘marriage’ bona fide entered by parties who thereafter who live monogamously and bring up children of the union should be respected and accorded the proper legal status of marriage. ‘

Times 28-Oct-1999, [1999] EWCA Civ 3008
Bailii, Bailii
Marriage Act 1949
England and Wales
Citing:
CitedSastry Velaider Aronegary v Sembecutty Vaigalie 1881
There had been ceremony of marriage which was prima facie valid. There was therefore a presumption of marriage. . .
CitedBibi v Chief Adjudication Officer CA 25-Jun-1997
A widow from a polygamous marriage is not entitled to the widowed mother’s allowance, despite the payment of national insurance contributions by the deceased father. There must have been a valid English marriage, according to the lex loci. . .
CitedHyde v Hyde and Woodmansee 20-Mar-1866
A marriage contracted in a country where polygamy is lawful, between a man and a woman who profess a faith which allows polygamy, is not a, marriage as understood in Christendom; and although it is a valid marriage by the lex loci, and at the time . .
CitedRe Green, Noyes v Pitkin 1909
There had been a foreign marriage ceremony. The court applied the presumption of marriage from long cohabitation without ceremony. . .
CitedRe Shephard, George v Thyer 1904
The parties gave evidence that the only ceremony of marriage through which they went took place in France. The case was argued and decided on the basis, accepted by the learned judge, that expert evidence showed that the ceremony could not have been . .

Lists of cited by and citing cases may be incomplete.

Family, Benefits

Updated: 13 January 2022; Ref: scu.79037

Bellinger v Bellinger: HL 10 Apr 2003

Transgender Male to Female not to marry as Female

The parties had gone through a form of marriage, but Mrs B had previously undergone gender re-assignment surgery. Section 11(c) of the 1973 Act required a marriage to be between a male and a female. It was argued that the section was incompatible with the claimant’s human rights.
Held: Mrs B, a trans-sexual female who had been born and registered as a male at birth, could not validly contract a marriage with another male. Trans-sexual people are to be distinguished from inter-sexual people. Society and the law had moved on since the case of Corbett, and the case of Goodwin had superceded the CA decision in this case. However, though the law needed to be changed, it was not for the House to do so. That would require wide ranging changes, involving matters which were quite outside the court’s powers. The court granted a declaration of incompatibility for section 11(c) but no more.
Lord Nicholls said: ‘It may also be that there are circumstances where maintaining an offending law in operation for a reasonable period pending enactment of corrective legislation is justifiable. An individual may not then be able, during the transitional period, to complain that his rights have been violated. The admissibility decision of the court in Walden v Liechtenstein (Application no 33916/96) (unreported) 16 March 2000 is an example of this pragmatic approach to the practicalities of government.’

Lord Nicholls of Birkenhead, Lord Hope of Craighead, Lord Hobhouse of Woodborough, Lord Scott of Foscote, Lord Rodger of Earlsferry
[2003] UKHL 21, Times 11-Apr-2003, [2003] 2 AC 467, [2003] 2 All ER 593, [2003] Fam Law 485, 14 BHRC 127, [2003] 2 WLR 1174, 72 BMLR 147, [2003] 2 FCR 1, [2003] HRLR 22, [2003] 1 FLR 1043, [2003] UKHRR 679, [2003] ACD 74
House of Lords, Bailii
Matrimonial Causes Act 1973 11(c), European Convention on Human Rights 8 12
England and Wales
Citing:
Appeal fromBellinger v Bellinger CA 17-Jul-2001
Transgender Male may not marry as Female
Despite gender re-assignment, a person born and registered a male, remained biologically a male, and so was not a woman for the purposes of the law of marriage. The birth registration in this case had been correct. The words ‘male and female’ in the . .
CitedW v W (Physical inter-sex) FD 31-Oct-2000
A party to a marriage had ambiguous physical characteristics. The respondent’s sex at birth was uncertain, and that the parents chose to register her as a boy. As a child and a young woman she dressed as, appeared as, and acted as female. At 17, she . .
CitedCorbett v Corbett (otherwise Ashley) FD 1-Feb-1970
There had been a purported marriage in 1963 between a man and a male to female trans-sexual.
Held: Because marriage is essentially a union between a man and a woman, the relationship depended on sex, and not on gender. The law should adopt the . .
CitedRegina v Tan CA 1983
Tan and others were accused of keeping a disorderly house having advertised: ‘Humiliation enthusiast, my favourite past time is humiliating and disciplining mature male submissives, in strict bondage, lovely tan coloured mistress invites humble . .
CitedS v S-T (Formerly J) CA 25-Nov-1996
The parties had gone through a form of marriage, but the purported husband was many years later revealed to be a female to male transsexual. The marriage had been annulled. There was now an application for ancillary relief.
Held: Ancillary . .
CitedRees v The United Kingdom ECHR 17-Oct-1986
The applicant had been born and registered as a female, but later came to receive treatment and to live as a male. He complained that the respondent had failed to amend his birth certificate.
Held: The court accepted that, by failing to confer . .
CitedCossey v The United Kingdom ECHR 27-Sep-1990
A male to female transsexual who had undergone full gender reassignment surgery wished to marry. The court held that despite the Resolution of the European Parliament on 12th September 1989 and Recommendation 1117 adopted by the Parliamentary . .
CitedSheffield and Horsham v The United Kingdom ECHR 30-Jul-1998
It is within a nation’s margin of appreciation to refuse to re-register birth details of people who had undergone sex-changes. Similarly it was not a human rights infringement not to allow post operative trans-sexuals to marry. However the court was . .
CitedGoodwin v The United Kingdom ECHR 11-Jul-2002
The claimant was a post operative male to female trans-sexual. She claimed that her human rights were infringed when she was still treated as a man for National Insurance contributions purposes, where she continued to make payments after the age at . .
AppliedHyde v Hyde and Woodmansee 20-Mar-1866
A marriage contracted in a country where polygamy is lawful, between a man and a woman who profess a faith which allows polygamy, is not a, marriage as understood in Christendom; and although it is a valid marriage by the lex loci, and at the time . .
At first instanceBellinger v Bellinger FD 22-Nov-2000
The test for what sex somebody was for the purposes of validating a marriage was the sex as decided and set out on the birth registration certificate. Though increasing recognition has been given to the complexities of gender identity over the . .

Cited by:
CitedCroft v Royal Mail Group Plc (formerly Consignia Group plc) CA 18-Jul-2003
The employee was a transsexual, awaiting completion of surgical transformation to a woman. The employer said she could not use the female toilet facilities, but was offered use of the unisex disabled facilities.
Held: The 1975 Act provides for . .
CitedAnufrijeva and Another v London Borough of Southwark CA 16-Oct-2003
The various claimants sought damages for established breaches of their human rights involving breaches of statutory duty by way of maladministration. Does the state have a duty to provide support so as to avoid a threat to the family life of the . .
CitedA v West Yorkshire Police HL 6-May-2004
The claimant was a male to female trans-sexual who had been refused employment as a police officer by the respondent, who had said that the staturory requirement for males to search males and for females to search females would be impossible to . .
CitedGhaidan v Godin-Mendoza HL 21-Jun-2004
Same Sex Partner Entitled to tenancy Succession
The protected tenant had died. His same-sex partner sought a statutory inheritance of the tenancy.
Held: His appeal succeeded. The Fitzpatrick case referred to the position before the 1998 Act: ‘Discriminatory law undermines the rule of law . .
CitedSheldrake v Director of Public Prosecutions; Attorney General’s Reference No 4 of 2002 HL 14-Oct-2004
Appeals were brought complaining as to the apparent reversal of the burden of proof in road traffic cases and in cases under the Terrorism Acts. Was a legal or an evidential burden placed on a defendant?
Held: Lord Bingham of Cornhill said: . .
CitedSecretary of State for Work and Pensions v M HL 8-Mar-2006
The respondent’s child lived with the estranged father for most of each week. She was obliged to contribute child support. She now lived with a woman, and complained that because her relationship was homosexual, she had been asked to pay more than . .
CitedWilkinson v Kitzinger and Another FD 12-Apr-2006
The petitioner intended to seek a declaration as to her marital status. She and the respondent had married in a civil ceremony in British Columbia in 2003. She sought a declaration of incompatibility with regard to section 11(3) of the 1973 Act so . .
CitedWilkinson v Kitzinger and others FD 31-Jul-2006
The parties had gone through a ceremony of marriage in Columbia, being both women. After the relationship failed, the claimant sought a declaration that the witholding of the recognition of same-sex marriages recoginised in a foreign jurisdiction . .
CitedSmith v KD Scott, Electoral Registration Officer SCS 24-Jan-2007
The prisoner claimed that his right to vote had not been re-instated despite a year having passed since the European Court of Human Rights had found that the withdrawal of that right for prisoners was an infringement.
Held: It was not possible . .
CitedIn re P and Others, (Adoption: Unmarried couple) (Northern Ireland); In re G HL 18-Jun-2008
The applicants complained that as an unmarried couple they had been excluded from consideration as adopters.
Held: Northern Ireland legislation had not moved in the same way as it had for other jurisdictions within the UK. The greater . .
CitedAB, Regina (On the Application of) v Secretary of State for Justice and Another Admn 4-Sep-2009
The claimant was serving a sentence of imprisonment. She was a pre-operative transgender woman, but held in a male prison. She sought review of a decision to refuse transfer to a women’s prison. The Gender Recognition Panel was satisfied that the . .
CitedRegina (Chester) v Secretary of State for Justice and Another QBD 28-Oct-2009
The claimant a prisoner detained after the expiry of his lfe sentence tariff as dangerous, sought a declaration that the refusal to allow him to register as a voter in prison infringed his human rights.
Held: Such a claim had already succeeded . .
CitedTimbrell v Secretary of State for Work and Pensions CA 22-Jun-2010
The claimant had undertaken male to female treatment including surgery and lived as a woman, though continuing to live with her wife. She sought payment of a pension at 60, but was refused. The regulations required a gender recognition certificate . .
CitedNicholas v Secretary of State for Defence CA 4-Feb-2015
The claimant wife of a Squadron Leader occupied a military house with her husband under a licence from the defendant. When the marriage broke down, he defendant gave her notice to leave. She now complained that the arrangement was discriminatory and . .
CitedNicklinson and Another, Regina (on The Application of) SC 25-Jun-2014
Criminality of Assisting Suicide not Infringing
The court was asked: ‘whether the present state of the law of England and Wales relating to assisting suicide infringes the European Convention on Human Rights, and whether the code published by the Director of Public Prosecutions relating to . .
CitedBala and Others, Regina v CACD 10-May-2016
The court was asked whether parties to a polygamous marriage recognised in Nigeria could be exempt thereby from a charge as co-conspirators because of s2 of the 1977 Act. The judge had held the marriage invalid after finding that the defendant was . .
CitedC, Regina (on The Application of) v Secretary of State for Work and Pensions SC 1-Nov-2017
This case is about how the Department for Work and Pensions (the DWP), in administering our complex welfare benefits system, treats people with a reassigned gender, and specifically whether certain policies conflict (1) with the Gender Recognition . .
CitedElan-Cane, Regina (on The Application of) v The Secretary of State for The Home Department and Another CA 10-Mar-2020
No right to non-gendered passport
The claimant sought judicial review of the police of the respondent’s policy requiring a passport applicant to identify themselves as either male or female. The claimant began life as a female, but, with surgery, asserted a non-gendered identity. . .

Lists of cited by and citing cases may be incomplete.

Administrative, Family, Human Rights

Leading Case

Updated: 13 January 2022; Ref: scu.180697

Bellinger v Bellinger: CA 17 Jul 2001

Transgender Male may not marry as Female

Despite gender re-assignment, a person born and registered a male, remained biologically a male, and so was not a woman for the purposes of the law of marriage. The birth registration in this case had been correct. The words ‘male and female’ in the section had not previously been interpreted. The Corbett criteria remained applicable. The ability to marry is a matter of status, and is not for the parties alone. If this law is to be changed it must be for parliament to do so. (Lord Thorpe dissenting)

Butler-Sloss President, Thorpe LJ, Walker LJ
Times 15-Aug-2001, Gazette 31-Aug-2001, [2001] EWCA Civ 1140, [2002] 2 WLR 411, [2002] Fam 150
Bailii
Matrimonial Causes Act 1973 11(c)
England and Wales
Citing:
CitedCorbett v Corbett (otherwise Ashley) FD 1-Feb-1970
There had been a purported marriage in 1963 between a man and a male to female trans-sexual.
Held: Because marriage is essentially a union between a man and a woman, the relationship depended on sex, and not on gender. The law should adopt the . .
Appeal fromBellinger v Bellinger FD 22-Nov-2000
The test for what sex somebody was for the purposes of validating a marriage was the sex as decided and set out on the birth registration certificate. Though increasing recognition has been given to the complexities of gender identity over the . .
CitedHyde v Hyde and Woodmansee 20-Mar-1866
A marriage contracted in a country where polygamy is lawful, between a man and a woman who profess a faith which allows polygamy, is not a, marriage as understood in Christendom; and although it is a valid marriage by the lex loci, and at the time . .
CitedRegina v Tan CA 1983
Tan and others were accused of keeping a disorderly house having advertised: ‘Humiliation enthusiast, my favourite past time is humiliating and disciplining mature male submissives, in strict bondage, lovely tan coloured mistress invites humble . .
CitedS v S-T (Formerly J) CA 25-Nov-1996
The parties had gone through a form of marriage, but the purported husband was many years later revealed to be a female to male transsexual. The marriage had been annulled. There was now an application for ancillary relief.
Held: Ancillary . .
CitedW v W (Physical inter-sex) FD 31-Oct-2000
A party to a marriage had ambiguous physical characteristics. The respondent’s sex at birth was uncertain, and that the parents chose to register her as a boy. As a child and a young woman she dressed as, appeared as, and acted as female. At 17, she . .
CitedFitzpatrick v Sterling Housing Association Ltd HL 28-Oct-1999
Same Sex Paartner to Inherit as Family Member
The claimant had lived with the original tenant in a stable and long standing homosexual relationship at the deceased’s flat. After the tenant’s death he sought a statutory tenancy as a spouse of the deceased. The Act had been extended to include as . .

Cited by:
Appeal fromBellinger v Bellinger HL 10-Apr-2003
Transgender Male to Female not to marry as Female
The parties had gone through a form of marriage, but Mrs B had previously undergone gender re-assignment surgery. Section 11(c) of the 1973 Act required a marriage to be between a male and a female. It was argued that the section was incompatible . .
CitedSecretary of State for Work and Pensions v M HL 8-Mar-2006
The respondent’s child lived with the estranged father for most of each week. She was obliged to contribute child support. She now lived with a woman, and complained that because her relationship was homosexual, she had been asked to pay more than . .

Lists of cited by and citing cases may be incomplete.

Family, Administrative

Updated: 13 January 2022; Ref: scu.147617

Corbett v Corbett (otherwise Ashley): FD 1 Feb 1970

There had been a purported marriage in 1963 between a man and a male to female trans-sexual.
Held: Because marriage is essentially a union between a man and a woman, the relationship depended on sex, and not on gender. The law should adopt the chromosomal, gonadal and genital tests. If all three are congruent, that should determine a person’s sex for the purpose of marriage. Any operative intervention should be ignored. The biological sexual constitution of an individual is fixed at birth, at the latest, and cannot be changed either by the natural development of organs of the opposite sex or by medical or surgical means. The marriage was void ab initio.
As to the difference between a declaration under RSC Ord.15, and a decree of nullity, Ormrod J observed: ‘The importance of this distinction is, of course, that on a decree of nullity, the court has the power to entertain an application for ancillary relief whereas if a declaration order is made, there is not such power.’ Since ecclesiastical courts did in fact grant declaratory sentences in cases of meretricious marriages, there was no discretion to withhold any decree of nullity. ‘[o]n the facts as I have found them to be, a matrimonial relationship between the petitioner and the respondent was a legal impossibility at all times and in all circumstances, whereas a marriage which is void on the grounds of bigamy, non-age or failure of third party consents, might, in other circumstances, have been a valid marriage.’ Sex is an essential determinant of marriage, because: ‘it is and always has been recognised as the union of man and woman.’
Ormrod J: ‘It is common ground between all the medical witnesses that the biological sexual constitution of an individual is fixed at birth (at the latest), and cannot be changed, either by the natural development of organs of the opposite sex, or by medical or surgical means. The respondent’s operation, therefore, cannot affect her true sex. The only cases where the term ‘change of sex’ is appropriate are those in which a mistake as to sex is made at birth and subsequently revealed by further medical investigation.’

Ormrod J
[1971] P 83
England and Wales
Citing:
AppliedHyde v Hyde and Woodmansee 20-Mar-1866
A marriage contracted in a country where polygamy is lawful, between a man and a woman who profess a faith which allows polygamy, is not a, marriage as understood in Christendom; and although it is a valid marriage by the lex loci, and at the time . .

Cited by:
CitedBellinger v Bellinger CA 17-Jul-2001
Transgender Male may not marry as Female
Despite gender re-assignment, a person born and registered a male, remained biologically a male, and so was not a woman for the purposes of the law of marriage. The birth registration in this case had been correct. The words ‘male and female’ in the . .
CitedThe Chief Constable of the West Yorkshire Police v A, Secretary of State for Education EAT 2-Oct-2001
The Force appealed findings of sex discrimination against the respondent who had undergone gender reassignment. She required the fact of the procedure to be kept secret. The force refused her application for appointment since they said she would be . .
CitedBellinger v Bellinger HL 10-Apr-2003
Transgender Male to Female not to marry as Female
The parties had gone through a form of marriage, but Mrs B had previously undergone gender re-assignment surgery. Section 11(c) of the 1973 Act required a marriage to be between a male and a female. It was argued that the section was incompatible . .
AppliedRegina v Tan CA 1983
Tan and others were accused of keeping a disorderly house having advertised: ‘Humiliation enthusiast, my favourite past time is humiliating and disciplining mature male submissives, in strict bondage, lovely tan coloured mistress invites humble . .
Applied reluctantlyS v S-T (Formerly J) CA 25-Nov-1996
The parties had gone through a form of marriage, but the purported husband was many years later revealed to be a female to male transsexual. The marriage had been annulled. There was now an application for ancillary relief.
Held: Ancillary . .
CitedRees v The United Kingdom ECHR 17-Oct-1986
The applicant had been born and registered as a female, but later came to receive treatment and to live as a male. He complained that the respondent had failed to amend his birth certificate.
Held: The court accepted that, by failing to confer . .
CitedCossey v The United Kingdom ECHR 27-Sep-1990
A male to female transsexual who had undergone full gender reassignment surgery wished to marry. The court held that despite the Resolution of the European Parliament on 12th September 1989 and Recommendation 1117 adopted by the Parliamentary . .
CitedSheffield and Horsham v The United Kingdom ECHR 30-Jul-1998
It is within a nation’s margin of appreciation to refuse to re-register birth details of people who had undergone sex-changes. Similarly it was not a human rights infringement not to allow post operative trans-sexuals to marry. However the court was . .
CitedA v West Yorkshire Police HL 6-May-2004
The claimant was a male to female trans-sexual who had been refused employment as a police officer by the respondent, who had said that the staturory requirement for males to search males and for females to search females would be impossible to . .
CitedJ v S T (Formerly J) CA 21-Nov-1996
The parties had married, but the male partner was a transsexual, having been born female and having undergone treatment for Gender Identity Dysphoria. After IVF treatment, the couple had a child. As the marriage broke down the truth was revealed in . .
CitedJ v C and E (a Child) (Void Marriage: Status of Children) CA 15-May-2006
The parties had lived together as a married couple. They had had a child together by artificial insemination. It was then revealed that Mr J was a woman. The parties split up, and Mr J applied for an order for contact with the child.
Held: The . .
CitedWilkinson v Kitzinger and others FD 31-Jul-2006
The parties had gone through a ceremony of marriage in Columbia, being both women. After the relationship failed, the claimant sought a declaration that the witholding of the recognition of same-sex marriages recoginised in a foreign jurisdiction . .
CitedBellinger v Bellinger FD 22-Nov-2000
The test for what sex somebody was for the purposes of validating a marriage was the sex as decided and set out on the birth registration certificate. Though increasing recognition has been given to the complexities of gender identity over the . .
CitedHudson v Leigh FD 5-Jun-2009
The claimant sought a decree of divorce. The ceremony had been a religious one in Cape Town. They had intended it to be followed by a ceremony in a register office in England, but this did not happen. The pastor in south Africa said that he had . .
CitedGoodwin v The United Kingdom ECHR 11-Jul-2002
The claimant was a post operative male to female trans-sexual. She claimed that her human rights were infringed when she was still treated as a man for National Insurance contributions purposes, where she continued to make payments after the age at . .

Lists of cited by and citing cases may be incomplete.

Family, Administrative

Updated: 13 January 2022; Ref: scu.180939

Hyde v Hyde and Woodmansee: 20 Mar 1866

A marriage contracted in a country where polygamy is lawful, between a man and a woman who profess a faith which allows polygamy, is not a, marriage as understood in Christendom; and although it is a valid marriage by the lex loci, and at the time when it was contracted both the man and the woman were single and competent to contract marriage, the English Matrimonial Court will not recognise it as a valid marriage in a suit instituted by one of the parties against the other for the purpose of enforcing matrimonial duties, or obtaining relief for a breach of matrimonial obligations.
Lord Penzance defined marriage: ‘I conceive that marriage, as understood in Christendom, may for this purpose be defined as the voluntary union for life of one man and one woman, to the exclusion of all others.’

Lord Penzance
[1886] LR1 P and D 130, [1866] UKLawRpPro 29
Commonlii
England and Wales
Cited by:
CitedChief Adjudication Officer v Bath CA 28-Oct-1999
The claimant and her husband had been married at a Sikh temple, and lived together for many years before his death. The temple had not been accredited for marriages, and the Secretary of State resisted payment of benefits to the claimant as a widow, . .
AppliedCorbett v Corbett (otherwise Ashley) FD 1-Feb-1970
There had been a purported marriage in 1963 between a man and a male to female trans-sexual.
Held: Because marriage is essentially a union between a man and a woman, the relationship depended on sex, and not on gender. The law should adopt the . .
AppliedBellinger v Bellinger HL 10-Apr-2003
Transgender Male to Female not to marry as Female
The parties had gone through a form of marriage, but Mrs B had previously undergone gender re-assignment surgery. Section 11(c) of the 1973 Act required a marriage to be between a male and a female. It was argued that the section was incompatible . .
CitedWilkinson v Kitzinger and others FD 31-Jul-2006
The parties had gone through a ceremony of marriage in Columbia, being both women. After the relationship failed, the claimant sought a declaration that the witholding of the recognition of same-sex marriages recoginised in a foreign jurisdiction . .
CitedBellinger v Bellinger CA 17-Jul-2001
Transgender Male may not marry as Female
Despite gender re-assignment, a person born and registered a male, remained biologically a male, and so was not a woman for the purposes of the law of marriage. The birth registration in this case had been correct. The words ‘male and female’ in the . .
CitedJohns and Another, Regina (on The Application of) v Derby City Council and Another Admn 28-Feb-2011
The claimants had acted as foster carers for several years, but challenged a potential decision to discontinue that when, as committed Christians, they refused to sign to agree to treat without differentiation any child brought to them who might be . .

Lists of cited by and citing cases may be incomplete.

Family

Updated: 13 January 2022; Ref: scu.231667

Besharova v Berezovsky: CA 22 Mar 2016

The court was asked a narrow point of construction of a consent order by which the claim by Galina Besharova for financial remedy orders against her former husband, the late Boris Berezovsky, was compromised.

Sir Stephen Richards
[2016] EWCA Civ 161
Bailii
England and Wales

Family

Updated: 12 January 2022; Ref: scu.561204

Cordle v Cordle: CA 15 Nov 2001

The former practice in ancillary relief applications where a circuit judge hearing an appeal from a district judge could admit new evidence and hear the case de novo should not survive the new rules, and should cease. An appeal to the circuit judge is not a re-hearing but a review of the exercise of the district judge’s exercise of a discretion. Appeals from a district judge could only be allowed for procedural irregularity, or a plainly wrong exercise of the judge’s discretion. Fresh evidence should not be admitted unless there was a real need to do so on the application of the more liberal rules for the admission of fresh evidence recognised as necessary in Family proceedings.

Dame Elizabeth Butler-Sloss, President and Lord Justice Thorpe
Times 07-Dec-2001, Gazette 04-Jan-2002, [2002] 1 WLR 1441, [2002] 1 FCR 97, [2001] EWCA Civ 1507, [2002] 1 FLR 207, [2001] EWCA Civ 1791, [2002] Fam Law 17
Bailii, Bailii
Access to Justice Act 1999, Civil Procedure Rules 52.11
England and Wales
Citing:
ReconsideredMarsh v Marsh CA 1-Mar-1993
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 . .

Cited by:
CitedMiller v Miller; M v M (Short Marriage: Clean Break) CA 29-Jul-2005
The parties contested ancillary relief where there had been only a short marriage, but where here were considerable family assets available for division. The wife sought to rely upn the husband’s behaviour to counter any argument as to the shortness . .
CitedB v B (Ancillary relief: Distribution of assets) CA 19-Mar-2008
The wife appealed an ancillary relief order for equal division on the basis that the judge had failed to allow for the fact that most of the assets had been brought to the marriage by her.
Held: Her appeal succeeded. All the assets at the . .
CitedLauder v Lauder FD 21-Mar-2007
W appealed against the variation of periodical payments order.
Held: The court will not generally expect W to apply inherited capital (as opposed to the income generated therefrom) to the meeting of her maintenance needs. . .
CitedEve v Spratt CA 16-Apr-2002
W sought leave to appeal against the refusal in an ancillary relief application to award her any maintenance. . .

Lists of cited by and citing cases may be incomplete.

Family, Civil Procedure Rules

Updated: 12 January 2022; Ref: scu.167117

AMM v HXW: QBD 7 Oct 2010

The claimant had sought and been granted an injunction to prevent the defendant publicising matters which had passed between them and which were he said private.
Held: The jurisdiction to grant such injunctions was now established. Publication would cause damage to the claimant’s private life, damages would not be an adequate remedy, and the defendant had not sought to argue any proper public interest in the material. The court considered its alternatives where the it was suggested that the defendant may have been guilty of blackmail, but where, as here, there had already been limited public disclosure. As in TFD at this interim stage it was not necessary to consider whether the defendant had the right to publish what she threatened.

Tugendhat J
[2010] EWHC 2457 (QB)
Bailii
Theft Act 1968 21
England and Wales
Citing:
CitedDuchess of Argyll v Duke of Argyll ChD 1967
An interlocutory injunction was granted to protect against the revelation of marital confidences, and the newspaper to which the Duke had communicated such information about the Duchess was restrained from publishing it. The concept of . .
CitedStephens v Avery ChD 1988
The parties had been friends and had discussed their sex lives. The defendant took the information to a newspaper and its editor, the second and subsequent defendants who published it. The plaintiff sought damages saying the conversations and . .
CitedAsh and Another v McKennitt and others CA 14-Dec-2006
The claimant was a celebrated Canadian folk musician. The defendant, a former friend, published a story of their close friendship. The claimant said the relationship had been private, and publication infringed her privacy rights, and she obtained an . .
CitedDFT v TFD QBD 27-Sep-2010
The court heard an application for an injunction to restrain publication of material relating to the claimant’s private and sexual life.
Held: An injunction restraining publication and identification, but not an order restraining publication . .
CitedThorne v Motor Trade Association HL 1937
The House confirmed a declaration granted as to validity of a rule of association notwithstanding the absence of any dispute. The House considered the nature of the threat required to establish a defence of duress.
Lord Wright observed that the . .
CitedRegina v Socialist Worker Printers and Publishers Ltd, Ex parte Attorney-General CA 1974
In a blackmail case, the court ordered non publication of the names of the complainants. Thinking they were not bound, the defendants published the names.
Held: The publishers and Mr Michael Foot were held to be in contempt of court in . .
CitedIn re an Inquiry Under The Company Securities (Insider Dealing) Act 1985 HL 1988
The term ‘necessary’ will take its colour from its context; in ordinary usage it may mean, at one end of the scale, ‘indispensable’ and at the other ‘useful’ or ‘expedient’.
Lord Griffiths said: ‘What then is meant by the words ‘necessary . . . .
CitedSecretary of State for The Home Department v AP (No. 2) SC 23-Jun-2010
The claimant had object to a Control order made against him and against a decision that he be deported. He had been protected by an anonymity order, but the Court now considered whether it should be continued.
Held: AP had already by the . .
CitedIn re Guardian News and Media Ltd and Others; HM Treasury v Ahmed and Others SC 27-Jan-2010
Proceedings had been brought to challenge the validity of Orders in Council which had frozen the assets of the claimants in those proceedings. Ancillary orders were made and confirmed requiring them not to be identified. As the cases came to the . .
CitedFinancial Times Ltd and others v Interbrew SA CA 8-Mar-2002
The appellants appealed against orders for delivery up of papers belonging to the claimant. The paper was a market sensitive report which had been stolen and doctored before being handed to the appellant.
Held: The Ashworth Hospital case . .
CitedX Ltd v Morgan-Grampian (Publishers) Ltd HL 1990
In a case where a contemnor not only fails wilfully and contumaciously to comply with an order of the court but makes it clear that he will continue to defy the court’s authority if the order should be affirmed on appeal, the court must have a . .

Cited by:
CitedNNN v Ryan and Others QBD 20-Mar-2013
The Court gave its reasons for requiring the delivery up of materials said to be confidential and making an order for anonymity, finding that the claimant had been blackmailed. . .

Lists of cited by and citing cases may be incomplete.

Media, Family, Litigation Practice

Updated: 12 January 2022; Ref: scu.424970

William Dallas v James Dallas: HL 4 Feb 1765

Ratification – Reduction – Facility – Marriage Contract – Father’s Powers – Provisions to Children – Second Marriage.-
A father, in his son’s contract of marriage, conveyed his estate to his son and his intended wife in liferent, and the heir male of that marriage in fee. The son thereafter executed an entail of the estate to George, his eldest son, and heir male of the marriage, and a series of other heirs substitutes, reserving power to burden and alter. After his wife’s death, he married a second time, and provided in the marriage settlement for the issue of the second marriage out of separate estate. He thereafter executed additional provisions in favour of the children of the second marriage, and burdened also the estate conveyed to the heir male of the first marriage, as well as granted a lease of the same for 40 years. The heir male of the first marriage was facile, and had been prevailed on to ratify the entail, and these subsequent deeds of provision. Held, that his son was not barred by his father’s deeds of ratification from challenging the entail and provisions charged on the estate in favour of the second marriage; these ratifications having been obtained from a weak and facile person.

[1765] UKHL 2 – Paton – 91, (1765) 2 Paton 91
Bailii

Scotland, Family

Updated: 11 January 2022; Ref: scu.560609

Lady Dowager Forbes v Lord James Forbes: HL 29 Jan 1765

Reduction – Error in Essentials of Agreement – Lifkrenter’s Powers and Liabilities – Bona Fide Consumption.-
Where the husband and wife, by marriage articles, conveyed the estate to themselves, and the survivor of them, for the wife’s liferent use allenarly, reserving power to grant provision to daughters to the extent of andpound;3000, and failing the husband exercising this power to the wife: Held, (1 st,) That though the husband had granted provisions to his daughters in exercise of this faculty, to the extent only of andpound;2000, that the wife was entitled, after his death, to execute an additional bond to the extent of andpound;1000. (2 nd), That where the liferentrix had entered into agreements restricting her liferent rights, through error in essentials, that she was still entitled to claim her rights as originally settled. (3 d), That bona fide percepti et consumpti was not pleadable, and the respondent accountable, for the whole rents, feuduties, and casualties since the date when her right accrued, reversing the judgment of the Court of Session: But, (4 th), That she was liable for the interest of the heritable debts on Puttachie and Pittendriech.

[1765] UKHL 2 – Paton – 84
Bailii
Scotland

Family, Trusts

Updated: 11 January 2022; Ref: scu.560603

Sir William Hamilton v John Wallace of Craigie: SCS 23 Feb 1561

Gif ony man havand ane lauchful wife, and in like manner lauchful bairns gottin of his bodie, the quhilkis bairnis ar all forisfamiliat befoir his deceis, all his movabill gudis and geir pertenand to him the time of his deceis, sould be dividit equallie in twa partis, viz. the deidis part, and the wife’s part; because the bairnis, beand forisfamiliat, sould have na part nor portioun thairof.

[1561] Mor 8178
Bailii
Scotland

Family

Updated: 10 January 2022; Ref: scu.560402

AB v CD: FD 11 Jan 2016

Application by a former husband to set aside a consent order. The basis of his application is an allegation that, at the time of the agreement, his former wife failed to make full and frank disclosure in relation to a company of which she was both a director and shareholder. It is his case that the non-disclosure upon which he relies was a material factor in that he entered into the agreement to compromise his financial claims arising in the divorce proceedings on the basis of incomplete (and, on his case, misleading) information.

Roberts J
[2016] EWHC 10 (Fam)
Bailii
England and Wales

Family

Updated: 10 January 2022; Ref: scu.560250