Category: Family

White v White: CA 19 Jun 1998

Where husband and wife were partners in a business, the court deciding ancillary relief should first assess what each would get on a dissolution, then ask if family court powers to be exercised to increase the wife’s share, if not then should it be reduced.

Judges:

Butler-Sloss, Thorpe, Mantell LJJ

Citations:

Times 13-Jul-1998, [1998] EWCA Civ 1046, [1998] 4 All ER 659, [1998] 2 FLR 310, [1998] Fam Law 522, [1998] 3 FCR 45, [1999] 2 WLR 1213, [1999] Fam 304

Links:

Bailii

Statutes:

Matrimonial Causes Act 1973 23

Jurisdiction:

England and Wales

Family

Updated: 05 December 2022; Ref: scu.90468

In Re Grove: 1888

Lopes LJ discussed how a court should determine a party’s intention: ‘in order to determine a person’s intention at a given time, you may regard not only conduct and acts before and at the time, but also conduct and acts after the time, assigning to such conduct and acts their relative and proper weight and cogency.’

Judges:

Lopes LJ

Citations:

(1888) 40 Ch D 216

Jurisdiction:

England and Wales

Cited by:

Cited – Gaines-Cooper v HM Revenue and Customs ChD 13-Nov-2007
The parties disputed the domicile of the tax-payer. He had a domicile of origin in the UK, but asserted that he had acquired a domicile of choice in the Seychelles. The Special Commissioners had allowed, in assessing the domicile at any time, of . .
Lists of cited by and citing cases may be incomplete.

Family, Litigation Practice

Updated: 04 December 2022; Ref: scu.261300

Bibi and others v Entry Clearance Officer, Dhaka: CA 18 Jul 2007

The deceased had come to live in the UK and obtain citizenship under somebody else’s identity. After his death his wife and children sought clearance to come to live here.
Held: Her appeal failed. The residence of her late husband was unlawful, there never was a grant of citizenship to him, and therefore did not count towards any other claim based on residency.

Judges:

Sir Mark Potter P FD, Sedley, Wilson LJJ

Citations:

[2007] EWCA Civ 740, [2008] INLR 683

Links:

Bailii

Statutes:

Commonwealth Immigrants Act 1962

Jurisdiction:

England and Wales

Citing:

Cited – In re Abdul Manan CA 1971
The applicant was a Pakistani seaman who had deserted from his ship and his presence in the UK was unlawful under the 1962 Act. He nevertheless claimed to be entitled to enter and remain as a person who had been ordinarily resident here for two . .
Cited – Regina v Secretary of State for the Home Department ex parte Sultan Mahmood CA 1978
The applicant appealed refusal of his writ of habeas corpus. He had been arrested pending removal to Pakistan. He said that he had been registered a British Citizen under the 1948 Act. Whilst in Pakistan he had substituted his own photograph for . .
Cited – Regina v Secretary of State for the Home Department ex parte Parvaz Akhtar CA 1981
The applicant appealed refusal of a writ of habeas corpus. He was to be removed as an illegal immigrant. He had entered claiming to be registered as a British citizen but under somebody else’s identity.
Held: The Secretary of State had had no . .
Cited – Regina v Secretary of State for the Home Department, Ex parte Margueritte CA 1982
The applicant first arrived from Mauritius in 1972, and was given limited leave to enter for a few months. He over-stayed until June 1974 when he paid a short visit to France. On return he was given one month’s leave to enter, but again overstayed. . .
Cited – Regina v Secretary of State for Home Department ex parte Naheed Ejaz QBD 23-Jul-1993
Using somebody else’s British passport, the applicant’s husband had masqueraded as a British citizen. The applicant had applied under section 6(2) of the 1981 Act for naturalisation as a British citizen on the ground that she was married to a . .

Cited by:

Overruled – Hysaj and Others, Regina (on The Application of) v Secretary of State for The Home Department SC 21-Dec-2017
The court was asked whether the misrepresentations made by the appellants in their applications for United Kingdom citizenship made the grant of that citizenship a nullity, rather than rendering them liable to be deprived of that citizenship under . .
Lists of cited by and citing cases may be incomplete.

Family, Immigration

Updated: 04 December 2022; Ref: scu.254600

Ex parte Gordon: 1937

(South Africa) The applicant’s husband had been deported. The wife sought relief.
Held: The effect of the deportation was to extinguish the husband’s domicile, and the court no longer had jurisdiction.

Citations:

1937 WLD 35

Jurisdiction:

England and Wales

Citing:

Followed – Ex parte Donelly 1915
(South Africa) A husband had been convicted of drugs offences in South Africa and after serving a period of imprisonment was deported to the United States of America. The wife then applied in South Africa for leave to sue her husband for restitution . .

Cited by:

Cited – Mark v Mark HL 30-Jun-2005
The petitioner sought to divorce her husband. Both were Nigerian nationals, and had married under a valid polygamous marriage in Nigeria. She claimed that the courts had jurisdiction because of her habitual residence here despite the fact that her . .
Lists of cited by and citing cases may be incomplete.

Family

Updated: 01 December 2022; Ref: scu.228178

Jones v Newtown and Llanidloes Guardians: 1920

A wife’s agency of necessity of her husband is suspended whilst she is in desertion.

Citations:

[1920] 3 KB 381

Jurisdiction:

England and Wales

Cited by:

Cited – Kehoe, Regina (on the Application of) v Secretary of State for Work and Pensions HL 14-Jul-2005
The applicant contended that the 1991 Act infringed her human rights in denying her access to court to obtain maintenance for her children.
Held: The applicant had no substantive right to take part in the enforcement process in domestic law . .
Lists of cited by and citing cases may be incomplete.

Family

Updated: 01 December 2022; Ref: scu.228606

Govier v Hancock: 1796

A wife’s agency of necessity subsisted only if the wife was justified in living apart from her husband. She would lose it for ever if she was guilty of adultery, no matter how badly her husband had behaved.

Citations:

(1796) 6 Term Rep 603

Jurisdiction:

England and Wales

Cited by:

Cited – Kehoe, Regina (on the Application of) v Secretary of State for Work and Pensions HL 14-Jul-2005
The applicant contended that the 1991 Act infringed her human rights in denying her access to court to obtain maintenance for her children.
Held: The applicant had no substantive right to take part in the enforcement process in domestic law . .
Lists of cited by and citing cases may be incomplete.

Family

Updated: 01 December 2022; Ref: scu.228605

Constantinides v Constantinides: FD 6 Nov 2013

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 WLR 1934, [2014] Fam Law 440, [2014] 2 FLR 736, [2013] WLR(D) 455

Links:

Bailii, WLRD

Statutes:

Maintenance Orders Act 1958 3, Magistrates’ Courts Act 1980 93

Jurisdiction:

England and Wales

Contempt of Court, Magistrates, Family

Updated: 30 November 2022; Ref: scu.519034

Saeed and Another v Ibrahim and Others: ChD 9 Jan 2018

The court considered the overlap between CPR 3.4(2)(a) and CPR 24.2

Judges:

Marsh CM

Citations:

[2018] EWHC 3 (Ch)

Links:

Bailii

Jurisdiction:

England and Wales

Cited by:

See Also – Saeed and Another v Ibrahim and Others ChD 3-Aug-2018
. .
Cited – Boyse (International) Ltd v Natwest Markets Plc and Another ChD 27-May-2020
Claim alleging misselling of interest rate hedging products. The court considered the defendants strike out application, and applications for leave to amend pleadings.
Held: it will normally be appropriate for summary judgment to be pursued on . .
Lists of cited by and citing cases may be incomplete.

Trusts, Family, Litigation Practice

Updated: 27 November 2022; Ref: scu.602625

Bedson v Bedson: CA 1965

The parties, a married couple disputed the shares in which the matrimonial home, formerly held by them as joint tenants would be held after severance o that joint tenancy.
Held: The wife was entitled to a half share in the property.
Russell LJ considered that the court had no jurisdiction under section 17 of the 1882 Act to find that the wife had any beneficial interest other than one equal to that of the husband. He said: ”If a freehold is conveyed to A and B on trust for themselves as joint tenants, each has the same beneficial interest in that property as the other. That is inherent in the nature of the beneficial interest created, as is the right to the whole on survivorship before severance. It is also inherent in the nature of the beneficial interest created that either may sever at any time inter vivos-, and on severance the beneficial joint tenancy becomes a beneficial tenancy in common in undivided shares and right by survivorship no longer obtains. If there be two beneficial joint tenants, severance produces a beneficial joint tenancy in common in two equal shares . . by declaration of the beneficial joint tenancy between A and B, their respective rights and titles are no less clearly laid down and established than if there had been a declaration of a beneficial tenancy in common in equal undivided shares.’
Lord Denning MR, delivering the leading judgment took a strong line of his own, saying: ‘Although the court refused a sale, we are asked to determine what is the wife’s share in the property. I do not think that the fact that they were joint tenants means that, on a sale, she necessarily takes a half share. That is decisively shown by the decision of this court in Hine v. Hine. I would refer particularly to the wise observations of Pearson LJ. That decision was distinguished by Russell, LJ, in Wilson v Wilson, on the ground that the conveyance in Hine v. Hine did not contain an express declaration of trust for the two jointly: but I for myself assumed that it did, because a declaration of trust is common form: see Smith v. Smith and Brown v. Brown and s.36(1) of the Law of Property Act 1925. The mere insertion of a declaration of trust (which would be imported anyway) cannot make any difference. Notwithstanding the criticisms that have been made of Hine v. Hine, it is, I think, still good law. In that very case, Pearson, LJ, pointed out that a half-and-half division would not have produced a fair and just result, whereas decisions of this court did achieve a reasonable result. I would, myself, hesitate long before I overthrew a case which did’ justice: but suffice it to say that it is binding on this court and none of us can overthrow it. In this situation, I have had great doubt whether we should interfere with the decision of the judge who relied on Hine v. Hine, but my brethren think that we should, and I concur on the ground that there is solid ground for believing that the parties did intend that, come what may, the proceeds of the sale of the property (when it should happen) should be shared equally. I say this because of the form of the latest accounts which were agreed by the husband with the accountants after the disputes had arisen. They showed the property as belonging half-and-half to each.’
Lord Justice Davies, said that he could see no distinction in principle between a declaration of trust of the nature under discussion and a mere conveyance into joint names, and: ‘From the many and sometimes conflicting authorities the principle, in my judgment, emerges that, in proceedings under s.17 of the Act of 1882 between husband and wife, the form of a transaction is not conclusive. In enquiring into the title to property, the court must investigate the reality of the situation and, having done so and having ascertained the facts, must make such order as it thinks fit. So that, whatever the documents may appear to say on their face, the court may reach the conclusion that, in reality, by express or implied agreement the true position was something different from that appearing on the face of the documents. Unless, however, the court is satisfied on evidence that the parties expressly or by conduct did agree to a state of affairs other than that indicated by the documents, then the documents must prevail. It may be that it is more difficult to go behind a declaration of trust than a conveyance. It may be that practical difficulties may arise in any given case; but I do not think that there is any authority for the proposition that, in no circumstances as between husband and wife where no third party interest is concerned, can the court look behind the form of the documents.’
Nevertheless, he concluded that since there was no evidence of any agreement between the parties that the property should be owned otherwise than in equal shares, the wife was entitled to a half- interest in the property.

Judges:

Lord Denning MR, Russell LJ, Davies LJ

Citations:

[1965] 2 QB 666, [1965] 3 All ER 307

Statutes:

Married Women’s Property Act 1882 17

Jurisdiction:

England and Wales

Cited by:

Cited – Stack v Dowden HL 25-Apr-2007
The parties had cohabited for a long time, in a home bought by Ms Dowden. After the breakdown of the relationship, Mr Stack claimed an equal interest in the second family home, which they had bought in joint names. The House was asked whether, when . .
rejected – Goodman v Gallant CA 30-Oct-1985
The court reviewed the conflicting authorities with regard to the creation of trusts and held that the overwhelming preponderance of authority was that, in the absence of any claim for rectification or rescission, provisions in a conveyance . .
Lists of cited by and citing cases may be incomplete.

Family, Trusts

Updated: 27 November 2022; Ref: scu.251493

Devjee v Patel: CA 18 Aug 2006

The appellant challenged findings that he had broken a non-molestation order. He said that the order had been obtained by means whch were procedurally defective. The original order had been made without notice, and with a power of arrest attached. He had later been arrested for contempt and had sought legal representation, but without success, sought an adlournment which was refused.
Held: The judge had been correct to proceed even though the applicant had not been able to arrange legal representation. He had a discretion, and had balanced also the interests of the complainant, and ‘whilst in relation to matters relating to the liberty of the subject procedure is important, the importance of procedure is to ensure that a person who is charged with contempt has a full knowledge of the allegations made against him or her and the opportunity to address them. The fact that there may not be the relevant piece of paper or that the precise procedure had not been followed does not mean that the procedure is unfair to the contender.’ The judge had been entitled to go ahead as he did, and to impose the sentence he did.

Judges:

Keens LJ, Wall LJ

Citations:

[2006] EWCA Civ 1211

Links:

Bailii

Statutes:

Family Law Act 1996 Part 4

Jurisdiction:

England and Wales

Citing:

Cited – Cambridgeshire County Council v D CA 26-Oct-1998
When sentencing for breach of injunction, amounting to contempt, the court should sentence for the circumstances of the breach only, and not seek to punish for the circumstances leading to the injunction upon which it had been based. . .
Cited – Hale v Tanner CA 22-Aug-2000
When attaching a power of arrest on a non-molestation order the court should consider attaching it only to that element which restricts violence or proximity rather than to any part relating to harassment. When considering sentence for a breach, the . .
Lists of cited by and citing cases may be incomplete.

Family, Contempt of Court

Updated: 27 November 2022; Ref: scu.244760

P v P (Ancillary Relief: Proceeds of Crime): FD 8 Oct 2003

The parties sought guidance from the court on the circumstances which arose in ancillary relief proceedings where a legal representative came to believe that one party might be holding the proceeds of crime. In the course of ancillary relief proceedings, the parties legal representatives concluded that some part of the matrimonial assets might represent the proceeds of crime. If they succeeded in obtaining part of the assets for their client they would commit an offence. They disclosed their concerns but were refused permission to disclose their own disclosure.
Held: The representatives had a duty to disclose their concerns to the authorities, but if it was necessary to disclose the tip off for the proceedings and it formed no part of any criminal purpose, they could disclose the tipping off to the other party. The Act envisaged permission to a party to make authorised disclosures. The ambit of the Act was wider than for earlier provisions, and might affect many proceedings. Negotiations could be affected just as much as any actual transfer. The Act makes no distinction between degrees of criminal property. An illegally obtained sum of andpound;10 is no less susceptible to the definition of ‘criminal property’ than a sum of andpound;1million.

Judges:

Dame Elizabeth Butler-Sloss

Citations:

[2003] EWHC 2260 (Fam), Times 14-Oct-2003, Gazette 16-Oct-2003, [2004] Fam 1

Links:

Bailii

Statutes:

Proceeds of Crime Act 2002 333(4)

Jurisdiction:

England and Wales

Citing:

Cited – Regina v Cox and Railton 1884
(Court for Crown Cases Reserved) The defendants were charged with conspiracy to defraud a judgment creditor of the fruits of a judgment by dishonestly backdating a dissolution of their partnership to a date prior to a bill of sale given by Railton . .
Cited – Regina v Central Criminal Court ex parte Francis and Francis HL 1989
The police had obtained an ex parte order for the production of files from a firm of solicitors relating to financial transactions of one of their clients. The police believed that the client had been provided with money to purchase property by an . .
Cited – Bank of Scotland v A Ltd and Others (Serious Fraud Office, Interested Party) CA 6-Feb-2001
A bank, having been informed that the activities of a customer involved money laundering, found itself in a position where, if it paid out the funds, it would face conviction, but if it failed to do so, it be found to be involved in tipping off the . .
Cited – Jenkins v Livesey (formerly Jenkins) HL 1985
The parties had negotiated through solicitors a compromise of ancillary relief claims on their divorce. They agreed that the house should be transferred to the wife in consideration of her release of all other financial claims. The wife however . .
Cited – Bank of Scotland v A Ltd and Others (Serious Fraud Office, Interested Party) CA 6-Feb-2001
A bank, having been informed that the activities of a customer involved money laundering, found itself in a position where, if it paid out the funds, it would face conviction, but if it failed to do so, it be found to be involved in tipping off the . .
Cited – Allan v Clibbery (1) CA 30-Jan-2002
Save in cases involving children and ancillary and other situations requiring it, cases in the family division were not inherently private. The appellant failed to obtain an order that details of an action under the section should not be disclosed . .
Cited – C v S and Others (Money Laundering: Discovery of Documents) CA 3-Oct-1998
The money laundering regulations create a conflict between private rights and criminal provisions, particularly the restriction on information which might prejudice an investigation may be under way. Conflicts were resolved by guidance from NCIS. . .

Cited by:

Cited – Bowman v Fels (Bar Council and Others intervening) CA 8-Mar-2005
The parties had lived together in a house owned in the defendant’s name and in which she claimed an interest. The claimant’s solicitors notified NCIS that they thought the defendant had acted illegally in setting off against his VAT liability the . .
Lists of cited by and citing cases may be incomplete.

Legal Professions, Criminal Practice, Family, Litigation Practice

Updated: 25 November 2022; Ref: scu.186717

Mundell v Name 1: CoP 18 Sep 2019

‘The issue I have to decide is whether I have reason to believe that (name 1) lacks the relevant capacity to enter into marriage with (name 2) this coming Saturday, 21 September 2019. ‘

Citations:

[2019] EWCOP 50, [2019] WLR(D) 603, [2019] 4 WLR 139

Links:

Bailii, WLRD

Jurisdiction:

England and Wales

Health, Agency, Family

Updated: 25 November 2022; Ref: scu.642851

O’Neill v Williams: 1984

Citations:

[1984] HLR 1

Statutes:

Domestic Violence and Matrimonial Proceedings Act 1976 1(2)

Jurisdiction:

England and Wales

Cited by:

Cited – Metropolitan Housing Trust v Hadjazi CA 1-Jul-2010
The Trust appealed against refusal of an order for possession against its periodic assured tenant. The grounds were 14 (nuisance or annoyance), and 14A (domestic violence). The judge had found that the violence complained of occurred only after the . .
Lists of cited by and citing cases may be incomplete.

Family, Housing

Updated: 25 November 2022; Ref: scu.420228

In re Beaumont, Deceased; Martin v Midland Bank Trust Co Ltd: 1980

The words in the section ‘immediately before’ in the context of the maintenance of the claimant by the deceased before the death, were not to be construed literally. The situation was to be viewed as the general arrangements for maintenance in place at the time of the death. In this case a short stay in hospital prior to death is not sufficient to prevent the claim. ‘The contemplation of possible examples such as these suggests certain consequences. First, it seems to me improbable that the word ‘immediately’ in section 1(1)(e) was intended to confine the gaze of the court to whatever was the state of maintenance existing at that precise moment. I very much doubt whether Parliament can have intended people to shuffle in and out of section 1(1)(e) and (3) with every variation in the state of maintenance between them, so that last week C was partly maintaining D with substantial contributions, this week neither is maintaining the other, and the next week D will be maintaining C with substantial contributions. Given that the moment at which the examination must be made is therefore the moment before the death of the deceased, what has to be examined ought not, I think, to be the de facto state or balance of maintenance at that moment, but something more substantial and enduring.
The question is what that something is. If at the moment before the death of the deceased there is some settled basis or arrangement between the parties as regards maintenance, then I think that section 1 should be applied to this, rather than to any de facto variation in the actual maintenance that may happen to exist at that moment. If the general arrangements between the parties is that D is substantially maintaining C, then matters ought to be decided on that basis. This should be so even if at the moment before D dies, C is in fact making such contributions, whether in personal services such as nursing or in the provision of money or goods, that on balance C is substantially maintaining D. The word ‘immediately’ plainly confines the court to the basis of the arrangement subsisting at the moment before death and excludes whatever previously subsisted but has ended and the state of affairs under it.’

Judges:

Robert Megarry VC

Citations:

[1980] 1 Ch 444, [1980] 1 All ER 266

Statutes:

Inheritance (Provision for Family and Defendants) Act 1975 1

Jurisdiction:

England and Wales

Cited by:

Approved – Jelley v Illife CA 1981
The court referred to the case of In re Beaumont and continued: ‘In considering whether a person is being maintained immediately before the death of the deceased, it is the settled basis or general arrangement between the parties as regards . .
Cited – Gully v Dix; In re Dix deceased CA 21-Jan-2004
The claimant sought provision from the estate under the Act. She had cohabited with the deceased for many years, but had moved out several months before the death because of her concern for his drunkenness which lead to threats of self harm.
Cited – Witkowska v Kaminski ChD 25-Jul-2006
The claimant sought provision from the estate claiming to have lived with the deceased as his partner for the two years preceding his death. She appealed an order which would be enough to allow her to live in Poland, but not in England. She said . .
Lists of cited by and citing cases may be incomplete.

Wills and Probate, Family

Updated: 25 November 2022; Ref: scu.193411

H M Customs and Excise and Another v MCA and Another: 18 Apr 2002

The court held that they were not precluded by an application made under the 1994 Act against assets of the husband from making an order in favour of the wife under the 1973 Act. The court discharged the Receiver appointed under section 29(2) DTA 1994 and dismissed an application by HM Customs and Excise for Mr A’s interest in the property and the policies to be included in the realisable property over which the Receiver had been appointed: ‘The wife’s evidence is that she had no knowledge of the husband’s criminal activities, that she never saw anything to alert her to what he was doing and that it all came as an incredible shock to her when he was arrested. Very fairly and properly Customs and Excise, both before Hooper J on 4 October 2001 (see Re A [2001] EWHC Admin 773 para [10]) and again before me, accepted that no part of the equity in either the house or the policies was acquired with the proceeds of drug trafficking and that the couple had separated before the husband had started his drug trafficking activities. Indeed, says Mr Bird, the wife went so far as to assist the authorities by giving the prosecution a statement, though in the event she was not called at the trial. As Hooper J said, the wife: ‘is not only innocent of any involvement in drug trafficking, but she also lives in a house and enjoys the benefit of policies all untainted by drug trafficking.”

Judges:

Munby J

Citations:

[2002] EWHC 611

Statutes:

Drug Trafficking Act 1994

Jurisdiction:

England and Wales

Cited by:

Appeal from – H M Customs and Excise and Another v MCA and Another; A v A; Re MCA CA 22-Jul-2002
The husband and wife divorced and a property adjustment order applied for. The husband had been convicted and a drugs proceeds order made under the 1994 Act. The order had not been satisfied, and the receiver applied for money from the matrimonial . .
Cited – Regina v Stannard CACD 1-Nov-2005
The defendant had been convicted of offences in which he had operated to purchase companies and use false debentures to evade corporation tax. Compensation had been sought under the 1988 Act. It was argued that the confiscation order should be . .
Lists of cited by and citing cases may be incomplete.

Family, Criminal Sentencing

Updated: 24 November 2022; Ref: scu.234399

Layton v Martin: 1986

The deceased had written to the Plaintiff offering her ‘what emotional security I can give, plus financial security during my life, and financial security on my death.’
Held: The statement could was insufficient to establish either a constructive trust or a proprietary estoppel. Scott J said: ‘The proprietary estoppel line of cases are concerned with the question whether an owner of a property can, by insisting on his strict legal rights therein, defeat an expectation of an interest in that property, it being an expectation which he has raised by his conduct and which has been relied on by the Claimant The question does not arise otherwise than in connection with some asset in respect of which it has been represented, or is alleged to have been represented, that the Claimant is to have some interest… A representation that ‘financial security’ would be provided by the deceased to the Plaintiff . . is not a representation that she is to have some equitable or legal interest in any particular asset or assets.’

Judges:

Scott J

Citations:

[1986] 2 FLR 227

Statutes:

Inheritance (Provision for Family and Dependants) Act 1975

Jurisdiction:

England and Wales

Cited by:

Cited – Thorner v Major and others HL 25-Mar-2009
The deceased had made a will including a gift to the claimant, but had then revoked the will. The claimant asserted that an estoppel had been created in his favour over a farm, and that the defendant administrators of the promisor’s estate held it . .
Lists of cited by and citing cases may be incomplete.

Wills and Probate, Family

Updated: 24 November 2022; Ref: scu.220639

Boylan v Boylan: 1988

Citations:

[1988] 1 FLR 282

Jurisdiction:

England and Wales

Cited by:

Approved – Cornick v Cornick (No 2) CA 2-Jan-1995
The court considered the boundary of its power in ordering periodical payments: ‘I do not believe that Hale J erred in her approach in principle to this case, and I reject the submission which Mr Mostyn has made that there was a delimiting factor . .
Lists of cited by and citing cases may be incomplete.

Family

Updated: 24 November 2022; Ref: scu.198590

JR38, Re Application for Judicial Review (Northern Ireland): SC 1 Jul 2015

The appellant was now 18 years old. In July 2010 two newspapers published an image of him. He was at that time barely 14 years old. These photographs had been published by the newspapers at the request of the police. The publication of the appellant’s photographs and those of others who had been involved in public disorder in Londonderry was part of a police campaign known as ‘Operation Exposure’ which was designed to counteract sectarian rioting at what are called ‘interface areas’ in parts of Derry. Interface areas are situated at the boundaries of parts of the city which are predominantly inhabited by one or other of the two main communities.
The appellant argues that publication of photographs of him constituted a violation of his article 8 rights. ‘
Held: The appeal failed. The publication of his photograph was not an infringement of the applicant’s human rights.
There was, per Lords Kerr and Wilson, in interference in his rights, but that interference was proportionate and justified.
Lords Toulson, Clarke, and Hodge did not think that there had been an interference with the appellant’s human rights, because in the circumstances there had been no expectation of privacy.
Lord Toulson JSC said: ‘ In Campbell’s case Lord Nicholls of Birkenhead said at para 21 that ‘Essentially the touchstone of private life is whether in respect of the disclosed facts the person in question had a reasonable expectation of privacy’. He also warned that courts need to be on guard against using as a touchstone a test which brings into account considerations which should more properly be considered at the later stage of proportionality. Applying Campbell’s case, Sir Anthony Clarke MR said in Murray’s case at para 35 that ‘The first question is whether there is a reasonable expectation of privacy’. He said at para 36 that the question is a broad one which takes account of all the circumstances of the case, including the attributes of the claimant, the nature of the activity in which the claimant was involved, the place at which it was happening, and the nature and purpose of the intrusion. The principled reason for the ‘touchstone’ is that it focuses on the sensibilities of a reasonable person in the position of the person who is the subject of the conduct complained about in considering whether the conduct falls within the sphere of article 8 . If there could be no reasonable expectation of privacy, or legitimate expectation of protection, it is hard to see how there could nevertheless be a lack of respect for their article 8 rights.”

Judges:

Lord Kerr, Lord Clarke, Lord Wilson, Lord Toulson, Lord Hodge

Citations:

[2015] HRLR 13, [2015] UKSC 42, [2015] WLR(D) 280, [2016] AC 1131, [2015] 3 WLR 155, [2015] EMLR 25, [2015] 4 All ER 90, UKSC 2013/0181

Links:

Bailii, WLRD, SC, SC Summary, Bailii Summary

Statutes:

European Convention on Human Rights 8

Jurisdiction:

Northern Ireland

Citing:

Appeal from – JR 38, Re Judicial Review QBNI 21-Mar-2013
Application for judicial review of a decision by the PSNI to release to local newspapers for publication images of persons suspected of being involved in sectarian rioting and violent offending at an interface area at Fountain Street/Bishop Street . .
Cited – X v Iceland ECHR 18-May-1976
The right to respect for private life was held to ‘comprise also, to a certain degree, the right to establish and develop relationships with other human beings’. . .
Cited – Niemietz 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 . .
Cited – Rotaru v Romania ECHR 4-May-2000
Grand Chamber – The applicant, a lawyer, complained of a violation of his right to respect for his private life on account of the use against him by the Romanian Intelligence Service of a file which contained information about his conviction for . .
Cited – PG and JH v The United Kingdom ECHR 25-Sep-2001
The use of covert listening devices within a police station was an infringement of the right to privacy, since there was no system of law regulating such practices. That need not affect the right to a fair trial. The prosecution had a duty to . .
Cited – Campbell v Mirror Group Newspapers Ltd (MGN) (No 1) HL 6-May-2004
The claimant appealed against the denial of her claim that the defendant had infringed her right to respect for her private life. She was a model who had proclaimed publicly that she did not take drugs, but the defendant had published a story . .
Cited – Sidabras And Dziautas v Lithuania ECHR 27-Jul-2004
Former KGB officers complained that they were banned, not only from public sector employment, but also from many private sector posts. This ‘affected [their] ability to develop relationships with the outside world to a very significant degree, and . .
Cited – Sciacca v Italy ECHR 11-Jan-2005
The court was asked whether the applicant’s rights under Article 8 had been infringed by the release to the press of an identity photograph taken of her by the Italian Revenue Police while she was under arrest and investigation for various criminal . .
Cited – Cemalettin Canli v Turkey ECHR 18-Nov-2008
The Court found interference in the applicant’s right to respect of his private life in that the police prepared and submitted to a domestic court an inaccurate report in the context of criminal proceedings against him. . .
Cited – Reklos and Davourlis v Greece ECHR 15-Jan-2009
(Press release) The court considered the rights when photographs were taken in public: ‘the court finds that it is not insignificant that the photographer was able to keep the negatives of the offending photographs, in spite of the express request . .
Cited – Wood v Commissioner of Police for the Metropolis CA 21-May-2009
The appellant had been ostentatiously photographed by the police as he left a company general meeting. He was a peaceful and lawful objector to the Arms Trade. He appealed against refusal of an order for the records to be destroyed. The police had . .

Cited by:

Cited – Weller and Others v Associated Newspapers Ltd CA 20-Nov-2015
The three children of a musician complained of the publication of photographs taken of them in a public place in California. . .
Cited – NT 1 and NT 2 v Google Llc QBD 13-Apr-2018
Right to be Forgotten is not absolute
The two claimants separately had criminal convictions from years before. They objected to the defendant indexing third party web pages which included personal data in the form of information about those convictions, which were now spent. The claims . .
Cited – Richard v The British Broadcasting Corporation (BBC) and Another ChD 18-Jul-2018
Police suspect has outweighable Art 8 rights
Police (the second defendant) had searched the claimant’s home in his absence in the course of investigating allegations of historic sexual assault. The raid was filmed and broadcast widely by the first defendant. No charges were brought against the . .
Cited – ZXC v Bloomberg Lp CA 15-May-2020
Privacy Expecation during police investigations
Appeal from a judgment finding that the Defendant had breached the Claimant’s privacy rights. He made an award of damages for the infraction of those rights and granted an injunction restraining Bloomberg from publishing information which further . .
Lists of cited by and citing cases may be incomplete.

Media, Police, Human Rights, Family

Updated: 23 November 2022; Ref: scu.549907

Norbis v Norbis: 30 Apr 1986

The parties disputed a settlement of property on divorce, and on appeal the court had to consider how it should approach a judgment made at the discretion of the judge at first instance.
Held: After citing Bellendon, Brennan J added: ‘The ‘generous ambit within which reasonable disagreement is possible’ is wide indeed when there are a number of factors to be taken into account and the comparative weight to be attributed to those factors is not clearly indicated by uniform standards and values of the community. The generous ambit of reasonable disagreement marks the area of immunity from appellate interference.’

Judges:

Brennan J

Citations:

(1986) 161 CLR 513, [1986] HCA 17

Links:

Austlii

Jurisdiction:

England and Wales

Citing:

Applied – Bellenden (formerly Satterthwaite) v Satterthwaite CA 1948
The court considered the role of the appeal court in assessing an order for maintenance payable for a divorced wife. The judge’s decision had been made by an exercise of his discretion.
Held: Asquith LJ said: ‘It is, of course, not enough for . .
Lists of cited by and citing cases may be incomplete.

Litigation Practice, Commonwealth, Family

Updated: 23 November 2022; Ref: scu.420230

Holmes v The United Kingdom: ECHR 10 Feb 2009

The applicant complained under Article 6 – 1 of the Convention that the ancillary relief proceedings were not dealt with within a reasonable time, that he was not given a real opportunity to present his case and that some of the judges involved in the proceedings were not impartial.

Judges:

Lech Garlicki, P

Citations:

5787/06, [2009] ECHR 429

Links:

Bailii

Statutes:

European Convention on Human Rights

Jurisdiction:

Human Rights

Human Rights, Family

Updated: 23 November 2022; Ref: scu.317935

Mette 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.

Citations:

(1859) 1 Sw and Tr 416

Jurisdiction:

England and Wales

Cited by:

Cited – 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 . .
Lists of cited by and citing cases may be incomplete.

Family

Updated: 23 November 2022; Ref: scu.244724

Wicken v Wicken: 1999

Recognition of foreign divorce.

Citations:

[1999] 1 FLR 293

Jurisdiction:

England and Wales

Cited by:

Cited – Duhur-Johnson v Duhur-Johnson FD 3-May-2005
The husband sought to stay divorce proceedings commenced here by his wife, saying that they had already been divorced in Nigeria. The wife said the Nigerian proceedings should not be recognised in English law.
Held: The cases established: 1) . .
Lists of cited by and citing cases may be incomplete.

Family

Updated: 23 November 2022; Ref: scu.224977

Lindo, By Her Guardian v Belisario: 5 Jun 1795

(Consistory Court of London) Sir William Scott considered the notion of marriage: ‘The opinions which have divided the world, or writers at least, on this subject, are, generally, two. It is held by some persons that marriage is a contract merely civil – by others, that it is a sacred, religious, and spiritual contract, and only to be so considered. The jurisdiction of the Ecclesiastical Court was founded on ideas of this last described nature; but in a more correct view of this subject, I conceive that neither of these opinions is perfectly accurate. According to juster notions of the nature of the marriage contract, it is not merely either a civil or religious contract; and, at the present time is not to be considered as originally and simply one or the other. It is a contract according to the law of nature, antecedent to civil institution, and which may take place to all intents and purposes, whenever two persons of different sexes engage, by mutual contracts, to live together.’

Judges:

Sir William Scott

Citations:

(1795) 1 Hag Con 216, [1795] EngR 4123, (1795) 1 Hag Con 216, (1795) 161 ER 530

Links:

Commonlii

Jurisdiction:

England and Wales

Cited by:

Cited – J 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 . .
Cited – Johns 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: 23 November 2022; Ref: scu.235299

Re H (Mackenzie Friend: Pre-trial Determination): 2002

The presumption in favour of permitting a Mackenzie friend is a strong one.

Citations:

[2002] 1 FLR 39

Jurisdiction:

England and Wales

Cited by:

Cited – Potter v Potter FdNI 5-Feb-2003
The testator’s capacity to make his will was challenged. He had lived alone without electricity, but his doctor said he was known to him and was ‘with it’. Evidence from a member of staff at the solicitor’s office supported the doctor’s description. . .
Lists of cited by and citing cases may be incomplete.

Family, Litigation Practice

Updated: 23 November 2022; Ref: scu.219629

Ahmad v Ahmad: CA 21 Jul 1998

Citations:

[1998] EWCA Civ 1246, (1999) 1 FLR

Jurisdiction:

England and Wales

Cited by:

Affirmed – Commissioners of Customs and Excise v A: A v A CA 22-Jul-2002
The Customs appealed an order allowing a judge in divorce ancillary relief proceedings to make an order transferring the matrimonial home and two life policies in such a way as would defeat their attempt to enforce recovery under the 1994 Act.
Lists of cited by and citing cases may be incomplete.

Family

Updated: 23 November 2022; Ref: scu.144725

YM v NM (Maintenance Pending Suit): FC 25 Feb 2020

The first interlocutory application is an application by the wife for maintenance pending suit The second application is an application, also by the wife for an order injuncting the husband from selling the former matrimonial home unless he agrees to the wife’s proposed terms for an escrow agreement with respect to the sale of the former matrimonial home. The parties remain agreed that the former matrimonial home should be sold.

Judges:

Mr Justice MacDonald

Citations:

[2020] EWFC 13

Links:

Bailii

Jurisdiction:

England and Wales

Family

Updated: 22 November 2022; Ref: scu.650512

X and Y, Re Bundles: FD 22 Aug 2008

The court considered the continuing failure of parties to follow the requirements as to preparation of court bundles, and particularly in urgent applications: ‘This continuing failure by the professions to comply with their obligations is simply unacceptable. Enough is enough. Eight years of default are enough. Eight years are surely long enough for even the most casual practitioner to have learned to do better. ‘ In these days much had been done to improve court efficiency by judges pre-readig the documenmts in a case. That required correctly prepared court bundles. Munby J said: ‘Paragraph 12 of the Practice Direction warns of sanctions penalising those who fail to comply with its requirements. There is the sanction of costs, either orders for costs against the party in default or orders for costs to be paid by the defaulting lawyers. There is the risk that those who default may find their cases put to the end of the list – and I should like to emphasise that the plea ‘but the case will only take 30 minutes, including reading time’ will not necessarily save defaulters from this salutary fate.’

Judges:

Munby J

Citations:

[2008] EWHC 2058 (Fam), [2008] Fam Law 999, [2009] CP Rep 5, [2008] 2 FLR 2053, [2009] 1 FCR 468

Links:

Bailii

Jurisdiction:

England and Wales

Citing:

Cited – In Re CH (family proceedings: court bundles) FD 2000
. .
Cited – Practice Direction (Family Proceedings: Court Bundles) 10-Mar-2000
There should at be lodged with the court a summary of the background to the hearing; a statement of the issue or issues to be determined; a summary of the order or directions sought by each party; a chronology; and skeleton arguments. . .
Cited – Practice Direction: Court Bundles (Universal Practice to be Applied in All Courts other than the Family Proceedings Court) FD 2006
. .
Lists of cited by and citing cases may be incomplete.

Family, Litigation Practice

Updated: 22 November 2022; Ref: scu.272834

Dixon v Marchant: CA 24 Jan 2008

The parties had only recently settled their ancillary relief proceedings by consent when the former wife remarried. The former husband sought the setting aside of the order. The wife had denied the relationship. The judge had found the conditions in Barder not to have been met.
Held: (Wall LJ dissenting) The husnband’s appeal failed. Ward LJ: ‘The task of the Court is clear enough. It is this: has the basis upon which the order was made or a fundamental, albeit tacit, assumption which underpinned its making been invalidated by subsequent events?’ The later remarriage was not a special factor allowing the court to re-open a consent order. The topic had been raised in correspondence. A statement of present intentions was not a promise as to future intentions and actions, and ‘there was no basis or fundamental assumption, even a tacit one, that the deal would founder if the wife remarried within a relatively short time after the agreement. The risk of remarriage was one the husband had to accept.’

Judges:

Ward, Waller, Lawrence Collins LJ

Citations:

[2008] EWCA Civ 11, [2008] 1 FLR 655

Links:

Bailii

Jurisdiction:

England and Wales

Citing:

Cited – Barder v Caluori HL 2-Jan-1987
In divorce proceedings, the husband had transferred his interest in the matrimonial home to the wife who had been awarded care and control of the two children of the family. The order was made on 20 February 1985 and on 25 March the wife unlawfully . .
Cited – Wells v Wells CA 1992
The husband had transferred his interest in the former matrimonial home to the wife who had custody of the two children of the family. She remarried six months later. The husband sought to have the order set aside.
Held: Brandon LJ said: ‘In . .
Cited – Williams v Lindley (formerly Williams) CA 10-Feb-2005
The husband sought to re-open the consent order made on the divorce. The wife had been employed by a widower as his housekeeper. After separating from the husband she moved into the widower’s house with both the children. She sought a transfer of . .
Cited – Pearce v Pearce CA 28-Jul-2003
The financial claims on divorce had been settled by a compromise recorded in a court order. The order included periodical payments to the former wife. After she suffered financial losses, she sought an increase, and the former husband sought an . .
Cited – Smith v Smith FD 1976
The husband sought to re-open settled ancillary relief arrangements after his former wife remarried.
Held: He had to take the chance of her remarriage. Latey J gave guidance on this question and said: ‘If the wife had remarried or was going to . .
Cited – H v H (Family Provision: Remarriage) CA 1975
The court considered the effect of a remarriage on a financial provision order made on divorce. Sir George Baker P said: ‘The prospect, chance or hope of remarriage is, I think, irrelevant, but the fact of remarriage, which does not admit of . .
Cited – Duxbury v Duxbury CA 1987
Mr and Mrs Duxbury had been married for 22 years. When, at the end of their marriage, their financial affairs came before the court under the provisions of sections 23 and 24 of the 1973 Act, each wanted a clean break. By the standards of the day, . .

Cited by:

Cited – Judge v Judge and others CA 19-Dec-2008
The wife appealed against an order refusing to set aside an earlier order for ancillary relief in her divorce proeedings, arguing that it had been made under a mistake. The sum available for division had had deducted an expected liabiliity to the . .
Lists of cited by and citing cases may be incomplete.

Family

Updated: 22 November 2022; Ref: scu.263845

Fowler v Mackenzie: HL 17 Apr 1874

By antenuptial contract of marriage between A and the daughter of B, in 1825, B bound himself to provide for A ‘a sum equal at least to that which he has already provided or may hereafter provide to any one of his other daughters.’ In 1827 another daughter of B being about to be married, B was desirous to settle pounds 4000 upon her, but was hampered by the marriage-contract provision to A and his wife. B applied to A to assist him, and A wrote a confidential letter to B, saying that he and his wife were content to receive pounds 2000, and would leave the rest to B’s honour. The import of the letter was not to be disclosed, and no improper use to be made of it. The letter further set forth that A and his wife were ready to enter upon an agreement on stamp to the effect expressed in the letter. No further use was made of the letter. B died in 1842, and in 1843, his son, C, paid pounds 4000 to A under his marriage-contract. In 1870 C discovered A’s letter, and brought an action against him for reduction of the deeds under which the provisions were paid, and for repetition of part of the amount. Held (affirming judgment) that the letter in question did not afford ground for reduction, and defender assoilzied.

Judges:

Lord Chancellor Cairns, Lords Chelmsford and Selborne

Citations:

[1874] UKHL 485, : 11 SLR 485

Links:

Bailii

Jurisdiction:

Scotland

Family

Updated: 20 November 2022; Ref: scu.650213

OCC v D and J: FC 24 Feb 2015

Fact-finding hearing concerning the child ADJ, who is nearly 5 months old to determine the causation and perpetration of injuries ADJ was found to have suffered

Judges:

Owens J

Citations:

[2015] EWFC B15

Links:

Bailii

Jurisdiction:

England and Wales

Family

Updated: 20 November 2022; Ref: scu.543541

Longworth v Yelverton: HL 1867

A declarator of marriage, even after the death of the other party, is a judgment in rem, and it is conclusive proof that a marriage had been constituted, and is binding on all persons whomsoever.

Judges:

Lord Chancellor Chelmsford

Citations:

(1867) 5 M (HL) 144

Jurisdiction:

England and Wales

Cited by:

Cited – Gow v Grant SC 24-May-2012
The parties had lived together as an unmarried couple, but separated. Mrs Gow applied under the 2006 Act for provision. Mr Grant’s appeal succeeded at the Inner House, and Mrs Gow now herself appealed.
Held: The appeal succeeded. The Act did . .
Lists of cited by and citing cases may be incomplete.

Family, Scotland

Updated: 20 November 2022; Ref: scu.463483

Horton v Horton: HL 1947

The couple were Roman Catholics who had married during the war. They failed to consummate the marriage at first, and were then separated. H now sought to have the marriage annulled on the basis of W’s refusal to consummate the marrieage.
Held: The petition failed on the facts: a ‘wilful refusal’ is an unjustified, settled and definite decision and taking into account the whole history of the marriage.

Judges:

Lord Jowitt LC

Citations:

[1947] 2 All ER 871

Jurisdiction:

England and Wales

Family

Updated: 19 November 2022; Ref: scu.384441

Mwangi, Regina (on the Application Of) v Secretary of State for the Home Department: Admn 18 Dec 2008

Application for judicial review challenging a decision of the Secretary of State for the Home Department notified by a letter dated 1 May 2007 refusing to grant the claimant the discretionary benefit of a policy (‘the Policy’) embodied in a document dated 21 June 2006 (but taking effect from 12 June 2006) entitled ‘One-off exercise to allow qualifying asylum seeking families to stay in the UK’ and sometimes referred to as the ‘Family ILR policy’.

Judges:

Mr Justice Munby

Citations:

[2008] EWHC 3130 (Admin), [2009] 3 FCR 303, [2009] Fam Law 393, [2009] 1 FLR 1550

Links:

Bailii

Jurisdiction:

England and Wales

Immigration, Family

Updated: 19 November 2022; Ref: scu.293962

I v I: FD 23 Jun 2008

Application to set aside ancillary relief order – non-disclosure and supervening events.

Judges:

Charles J

Citations:

[2008] EWHC 1167 (Fam), [2008] 2 FCR 527, [2008] Fam Law 978, [2009] 1 FLR 201

Links:

Bailii

Jurisdiction:

England and Wales

Family

Updated: 19 November 2022; Ref: scu.270962

Steuart v Robertson: HL 7 Jun 1875

Circumstances in which the subsequent words and conduct of the parties to an irregular marriage by de praesenti consent before witnesses. Held (rev. judgment of the Court of Session) sufficient to over-ride the meaning of the words of consent.

Judges:

Lord Chancellor Cairns, Lords Chelmsford Hatherley, O’Hagan, and Selborne

Citations:

[1875] UKHL 514, 12 SLR 514

Links:

Bailii

Jurisdiction:

Scotland

Family

Updated: 19 November 2022; Ref: scu.650107

Andrew J Symington v Mrs Symington: HL 18 Mar 1875

It having been proved in an action of separation and aliment raised by a wife against her husband that he had committed adultery with the nurse of his children, and also had falsely accused his wife of intemperance.- Held (aff. judgment of the Court of Session with a variation) that the custody of the girls should be entrusted to the mother, and that of the boys to the father, there being no good reasons for apprehending that the father’s conduct would affect the moral interest of his sons.
Observations upon the custody of children where parents have been proved guilty of immoral conduct.

Judges:

Lord Chancellor Cairns, Lords O’Hagan and Selborne

Citations:

[1875] UKHL 416, 12 SLR 416

Links:

Bailii

Jurisdiction:

Scotland

Family

Updated: 19 November 2022; Ref: scu.650101

R v K: FD 27 Feb 2020

Court’s decision on a claim made by the applicant to challenge an arbitration award relating to disputes over financial arrangements between him and the respondent following their divorce.

Judges:

Deputy High Court Judge Ambrose

Citations:

[2020] EWHC 841 (Fam)

Links:

Bailii

Jurisdiction:

England and Wales

Family

Updated: 19 November 2022; Ref: scu.650015

Carabott v Huxley: CA 19 Aug 2005

The defendant in the proceedings appealed against a sentence of 18 months imposed upon him for contempt of court in breaching orders made under the Family Law Act.
Held: The appeal failed.

Judges:

Wall, Lloyd LJJ

Citations:

[2005] EWCA Civ 1837

Links:

Bailii

Jurisdiction:

England and Wales

Contempt of Court, Contempt of Court, Family, Criminal Sentencing

Updated: 19 November 2022; Ref: scu.341719

AB (Jamaica) v Secretary of State for the Home Department: CA 6 Dec 2007

The claimant came here from Jamaica, but overstayed. She married a British citizen in 2001 and applied for leave to remain. That was refused.
Held: In refusing such a claim, the tribunal ought to have given respect to the husband’s human rights. As a result of the decision would either have to abandon his family or his home. The decision was flawed. Sedley LJ said: ‘In substance, albeit not in form, [the husband] was a party to the proceedings. It was as much his marriage as the appellant’s which was in jeopardy, and it was the impact of removal on him rather than on her which, given the lapse of years since the marriage, was now critical. From Strasbourg’s point of view, his Convention rights were as fully engaged as hers. He was entitled to something better than the cavalier treatment he received . . It cannot be permissible to give less than detailed and anxious consideration to the situation of a British citizen who has lived here all his life before it is held reasonable and proportionate to expect him to emigrate to a foreign country in order to keep his marriage intact.’

Citations:

[2007] EWCA Civ 1302, [2007] UKHRR 1177, [2008] HRLR 17, [2008] 1 WLR 1893, [2008] Imm AR 306, [2008] INLR 83

Links:

Bailii

Jurisdiction:

England and Wales

Cited by:

Cited – Beoku Betts v Secretary of State for the Home Department HL 25-Jun-2008
The appellant had arrived from Sierra Leone and obtained student permits. When they expired he sought asylum, citing his family’s persecution after a coup, and that fact that other members of his family now had indefinite leave, and he said that an . .
Lists of cited by and citing cases may be incomplete.

Immigration, Human Rights, Family

Updated: 19 November 2022; Ref: scu.261816

Leman-Klammers v Klammers: CA 12 Jul 2007

At the same time as the wife petitioned for a divorce in London, the Husband petitioned in France. The husband now appealed a refusal of his request for a stay of the wife’s application for a decree absolute pending the decision of the French court as to which court was first seised of the cases.
Held: The appeal failed. The husband had failed to pursue his case in France expeditiously, had not complied with assurances given through counsel, and had failed to produce satisfactory evidence of the result of his own applications.

Judges:

Thorpe LJ, May LJ, Bennett J

Citations:

[2007] EWCA Civ 919, Times 04-Oct-2007

Links:

Bailii

Jurisdiction:

England and Wales

Family

Updated: 19 November 2022; Ref: scu.259443

K v K (Financial Capital Relief; and Management of Difficult Cases): FD 17 May 2005

W applied for full ancillary relief arising upon the breakdown of her marriage. She copied a number of the husband’s documents, rummaged through dustbins and took documents from her husband’s pockets. When she was no longer living in the former matrimonial home, she had the locks on his study changed and obtained access to more documents, Baron J commented: ‘This case is an object lesson for all. If a husband does not give proper disclosure, makes threats and causes problems/delays, then the result will be a wife who feels that she has no alternative but to litigate with ‘all guns blazing’ – taking documents, taping telephone calls, employing private detectives and the like. This strategy will make a husband feel beleaguered so that he becomes more defensive and difficult. It is a vicious circle’.

Judges:

Baron J

Citations:

[2005] EWHC 1070 (Fam), [2005] 2 FLR 1137

Links:

Bailii

Jurisdiction:

England and Wales

Cited by:

Cited – L v L and Hughes Fowler Carruthers QBD 1-Feb-2007
The parties were engaged in ancillary relief proceedings. The Husband complained that the wife had sought to use unlawfully obtained information, and in these proceedings sought delivery up of the material from the wife and her solicitors. He said . .
Cited – Lykiardopulo v Lykiardopulo CA 19-Nov-2010
The court was asked as to how a Family Division judge might decide whether or not to publish an ancillary relief judgment at the conclusion of a trial during which one of the parties conspired to present a perjured case. H and family members had . .
Lists of cited by and citing cases may be incomplete.

Family

Updated: 19 November 2022; Ref: scu.228568

Colonel Alastair M’Donald of Dalchosnie v John Alan M’Donald and Others: HL 15 Jul 1875

Terms of deed of division and facts and circumstances in which held that a power of apportionment contained in an antenuptial marriage-contract had been validly exercised by the spouses.

Judges:

Lord Chancellor Cairns, Lords Hatherley and Selborne

Citations:

[1875] UKHL 635, 12 SLR 635

Links:

Bailii

Jurisdiction:

Scotland

Family, Trusts

Updated: 17 November 2022; Ref: scu.650108

Zhang, Regina (on The Application of) v Secretary of State for The Home Department: Admn 18 Apr 2013

Judges:

Turner J

Citations:

[2013] EWHC 891 (Admin)

Links:

Bailii

Jurisdiction:

England and Wales

Cited by:

Cited – AA069062014 and Others AIT 30-Aug-2017
Several appellants, all from the same judge, complained of his handling of their cases.
Held: The complaints about the decisions were entirely well-founded: ‘Nobody reading them could detect how the judge reached the conclusion he did, acting . .
Lists of cited by and citing cases may be incomplete.

Immigration, Family

Updated: 17 November 2022; Ref: scu.472687