Category: Family

Krubert, Re; Krubert v Davis and Others: CA 27 Jun 1996

The beneficiaries under the will appealed against an order under the 1975 Act, effectively transferring the entire estate to the surviving spouse.
Held: The effect of sections 1, 2 and the other material provisions of the 1975 Act is that on every application under it the court must ask itself two questions: first, has reasonable financial provision been made for the applicant; second, if not, what financial provision ought he or she to receive? Provision for deceased’s wife were to be read to follow the Act and not necessarily as would occur on a divorce.
As to the two cases of Besterman and Moody: ‘
There had been confusion arising from the conflict of approach taken in Re Bestermann and in Moody v Stevenson. The case of re Besterman was to be preferred. The Recorder had made an error of principle: ‘While I fully appreciate that the question what is reasonable provision is not to be determined exclusively by the financial needs of the applicant, especially when he or she is a surviving spouse, it is a consideration which must be taken into account. Looking at the matter in the round, I think that if the deceased had made reasonable provision for Mrs. Krubert out of his other resources, it would have been reasonable for him to have left his brother and sister the reversionary interest in the house; conversely, it would not have been unreasonable for him only to have left Mrs. Krubert a life interest in it. Accordingly, to award her an absolute interest in the house and all but andpound;14,000 of the other assets was in my judgment an error of principle on the recorder’s part . . Having considering the question afresh, I think there is indeed a conflict between the two decisions, if only one of emphasis. However conflict of emphasis can often cause problems at first instance for busy district and circuit judges. Moreover we have some anecdotal evidence that the approach adopted in Moody -v- Stevenson may indeed have caused confusion at that level, especially in the cases of small estates. I can understand that, if only because on a divorce there are two parties to be provided for, whereas on an application under the (inheritance legislation) there is only one. In my view Oliver LJ’s approach is preferable, being more in accordance with the intention of the Act when read as a whole. I think it should be adopted accordingly.’

Judges:

Nourse LJ, Cazalet J

Citations:

Gazette 17-Jul-1996, Times 16-Jul-1996, [1997] Ch 96, [1996] EWCA Civ 1346

Links:

Bailii

Statutes:

Inheritance (Provision for Family and Dependants) Act 1975

Jurisdiction:

England and Wales

Citing:

Cited – Davis v Davis CA 1993
The deceased had left his widow a life interest in his residuary estate, with power for his trustees to purchase a house for her occupation, which they had duly exercised. The essential question was whether, as the widow claimed, she should be . .
Cited – Re Bunning, deceased; Bunning v Salmon ChD 1984
Vinelott J calculated that the maximum award which the widow would have received in matrimonial proceedings to be 36,000 pounds. Yet on an application under the 1975 Act he awarded her 60,000 pounds. . .
Preferred – Re Besterman, decd CA 1984
In the case of an application under the Act by a surviving spouse, maintenance is not the only, or even the dominant, consideration to be taken into account by the court. ‘In an application under section 25 of the Matrimonial Causes Act 1973 the . .
Not preferred – Moody v Stevenson CA 12-Jul-1991
The widower aged 81, appealed against refusal of provision under the 1975 Act from his wife’s estate. She had left him nothing. The judge at first instance had found, applying Styler, that her treatment was not unreasonable, and that therefore no . .
Cited – Jessop v Jessop CA 2-Jan-1992
The court considered the provision to be made under the 1975 Act for a surviving spouse: ‘In his argument in this court Mr. Vane relied strongly on s 3(2) and referred us to a recent case in this court, Moody v. Stevenson, a decision of Mustill LJ . .
Cited – Re Inns, Inns v Wallace 1947
. .

Cited by:

Cited – Moorhead v Moorhead ChNI 11-Jan-2002
The deceased’s widow complained that her husband’s will had not made proper provision for her as was required by the order which ‘ In the case of a spouse reasonable financial provision means such financial provision as it would be reasonable in all . .
Cited – Barron v Woodhead and Another ChD 25-Jun-2008
The claimant sought provision under the 1975 Act from the estate of his deceased wife. . .
Lists of cited by and citing cases may be incomplete.

Family, Wills and Probate

Updated: 31 October 2022; Ref: scu.372642

G v G: CA 30 Jul 1996

Ancillary relief – variation.

Judges:

Ward LJ, Potter LJ

Citations:

[1996] EWCA Civ 548, [1998] Fam 1, [1997] 1 FLR 368, [1997] 1 All ER 272, [1997] 1 FCR 441, [1996] Fam Law 722, [1997] 2 WLR 614

Links:

Bailii

Jurisdiction:

England and Wales

Family

Updated: 31 October 2022; Ref: scu.140415

Dart v Dart: CA 2 Jul 1996

A strictly mathematical approach to calculating ancillary relief can be inappropriate in large sum cases. The statutory jurisdiction has to provide for all applications for ancillary financial relief, from the poverty stricken to the multi-millionaire.
Held: The court to reconcile existing practice wit the statute. Reasonable requirements are more extensive than needs. What a person requires is likely to be greater than what that person needs. The objective appraisal of what the applicant requires must have regard to the other criteria of the section, including what is available, the parties’ accustomed standard of living, their age and state of health and ‘perhaps less obviously’ the duration of the marriage, contributions and pension rights: ‘Used thus the consideration of needs ceases to be paramount or determinative but an elastic consideration that does not exclude the influence of any of the others. . . in a big money case where the wife has played an equal part in creating the family fortune it would not be unreasonable for her to require what might be even an equal share.’ Other court members questioned the correctness of an approach which determines the quantum of an award by reference only to the reasonable requirements of the applicant. Butler-Sloss LJ: if spouses are in business together, the traditional ‘reasonable requirements’ approach to a wife’s application for ancillary relief is not the most appropriate method to arrive at the post-divorce adjustment of family finances.

Judges:

Butler-Sloss LJ, Thorpe LJ, Peter Gibson LJ

Citations:

Gazette 02-Aug-1996, [1997] 1 FCR 286, [1996] 2 FLR 286, [1996] Fam Law 607, [1996] EWCA Civ 1343

Links:

Bailii

Statutes:

Matrimonial Causes Act 1973

Jurisdiction:

England and Wales

Citing:

Cited – Page v Page CA 1981
In an ancillary relief application, there was enough capital to provide adequately for both husband and wife.
Held: When considering the needs and obligations of the parties a broad view could be taken: (Ormrod LJ) ‘In a case such as this . .
Followed – Thyssen-Bornemisza v Thyssen-Bornemisza (No 2) 1985
. .

Cited by:

Cited – White v White HL 26-Oct-2000
The couple going through the divorce each had substantial farms and wished to continue farming. It had been a long marriage.
Held: Where a division of the assets of a family would satisfy the reasonable needs of either party on an ancillary . .
Considered – Conran v Conran FD 14-Jul-1997
In deciding financial settlement, the court can consider contribution made by the Wife through her own special skills to the husband’s business. One could not sensibly fit an allowance for contribution into an analysis of a wife’s needs. That would . .
Cited – Williams v Thompson Leatherdale (A Firm) and Another QBD 10-Nov-2008
The claimant sought damages from her legal advisers. They had allowed her to settle an ancillary relief application knowing that the case of White v White had been referred to the House of lords, and the settlement proved to have been on . .
Cited – Radmacher v Granatino CA 2-Jul-2009
Husband and wife, neither English, had married in England. Beforehand they had signed a prenuptial agreement in Germany agreeing that neither should claim against the other on divorce. The wife appealed against an order to pay a lump sum to the . .
Lists of cited by and citing cases may be incomplete.

Family

Updated: 31 October 2022; Ref: scu.79813

Bentinck v Bentinck: CA 6 Mar 2007

The court intervened to attempt to avoid further expenditure of huge sums in legal fees in resolving a sterile jurisdictional dispute for ancillary relief proceedings. Over pounds 330,000 had already been spent.

Judges:

Thorpe LJ

Citations:

[2007] EWCA Civ 175, Times 12-Apr-2007

Links:

Bailii

Jurisdiction:

England and Wales

Cited by:

Cited – Moore v Moore CA 20-Apr-2007
The family were wealthy, and had lived for some time in Spain. On the breakdown of the marriage, the wife returned to the UK, and sought ancillary relief here, though the divorce had been in Spain. The husband argued that this should be dealt with . .
Lists of cited by and citing cases may be incomplete.

Family, Costs

Updated: 27 October 2022; Ref: scu.249862

Corbett v Corbett: CA 28 Feb 2003

After an order had been made for periodical payments to the wife, the former husband entered into a new relationship, but began to get in financial difficulties, and arrears. Over the course of time, he did not make effective disclosure of his finances. He failed to apply to vary the order, and the wife issued a judgment summons, which led to an order for imprisonment (suspended) of the husband under the Act.
Held: The court had first to decide on the need for any variation before it could know whether the 1869 Act could bite. The procedure set down in Mubarak had not been followed and the appeal succeeded.

Judges:

Lord Justice Dyson, Mr Justice Gibbs

Citations:

[2003] EWCA Civ 559

Links:

Bailii

Statutes:

Debtors Act 1869

Jurisdiction:

England and Wales

Citing:

Cited – Mubarak v Mubarak FD 30-Nov-2000
In ancillary relief proceedings, where a respondent company director conceded that the assets and income of a company could be treated as his own, it could be proper to draw aside the veil of incorporation. Nevertheless the court should be careful . .
Lists of cited by and citing cases may be incomplete.

Family

Updated: 27 October 2022; Ref: scu.181121

In re Mordant: CA 1996

The court discussed the interplay of family and insolvency proceedings: ‘Since the wife is unable to prove in the husband’s bankruptcy, the position . . is that the husband’s trustee must use the andpound;385,000 in paying the trustee’s expenses and remuneration and, subject to that, he must distribute the money between the husband’s creditors but excluding the wife. This would mean there would be a substantial surplus available to be returned to the husband. No doubt the wife could take steps to intercept the surplus. Even so, the result would be that the unsecured creditors would be paid in full, save for the wife. She would not receive the whole of the lump sum ordered by the judge. Indeed, far from even sharing equally with the husband’s other creditors, she would rank behind them all. She would receive the crumbs from the husband’s table left unconsumed by his other creditors. This is the consequence of r 12.3(2)(a) ‘ and ‘I feel bound to say that the exclusion of an obligation to pay a lump sum arising under an order in family proceedings from proof as a debt in bankruptcy is a matter which would bear re-examination as a matter of urgency . . ‘

Judges:

Sir D Nicholls V-C

Citations:

[1996] 1 FLR 334

Jurisdiction:

England and Wales

Citing:

Appeal From – Mordant v Hallas ChD 2-Aug-1993
A debt due which consisted of a matrimonial lump sum order is not provable in a bankruptcy. . .
Cited – Woodley v Woodley (2) CA 12-Apr-1993
A stay of execution of an order against matrimonial assets was not defeated by bankruptcy. As to the interplay of the Insolvency Rules and matrimonial proceedings.
Balcombe LJ said: ‘I cannot leave this case without saying something about the . .
Cited – Smith (a bankrupt) v Braintree District Council HL 1989
The House considered the effects of bankruptcy on the imposition of a committal to imprisonment in default of paying rates.
The purpose of section 285 is to preserve the estate of the bankrupt for the benefit of his unsecured creditors.

Cited by:

Cited – Flightline Ltd v Edwards and Another ChD 2-Aug-2002
Money had been paid into an account in the joint names of the parties’ solicitors in order to purchase the release of the applicants from an asset freezing order. The respondent company was in liquidation. It was argued that the payment of funds . .
Appealed to – Mordant v Hallas ChD 2-Aug-1993
A debt due which consisted of a matrimonial lump sum order is not provable in a bankruptcy. . .
Cited – Gita Ram v Baskinder Ram,Solinder Ram, Monder Ram and Maurice William Russell CA 5-Nov-2004
A bankrupt had, before his bankruptcy disposed of his share in a house at an undervalue. His wife appealed an order that the share disposed of should vest entirely in the trustee in bankruptcy. Matrimonial proceedings had also been commenced.
Cited – McRoberts v McRoberts ChD 1-Nov-2012
The parties had agreed to an ancillary relief order on their divorce. The husband was made bankrupt without having paid the lump sum agreed. The former wife and now claimant had received no dividend. Debts which were not provable in the bankruptcy . .
Lists of cited by and citing cases may be incomplete.

Family, Insolvency

Updated: 27 October 2022; Ref: scu.182273

Woodley v Woodley (2): CA 12 Apr 1993

A stay of execution of an order against matrimonial assets was not defeated by bankruptcy. As to the interplay of the Insolvency Rules and matrimonial proceedings.
Balcombe LJ said: ‘I cannot leave this case without saying something about the effect of r 12.3 of the Insolvency Rules 1986. Before those rules came into force orders for periodical payments were not provable in bankruptcy . . whereas an order for a lump sum was provable . . That position is understandable. However r 12.3(2)(a), by making any obligation arising under an order made in family proceedings, ie including a lump sum order, not provable, has changed that position. Whether it was the intention of those who drafted the 1986 rules to bring about this change I know not. It may be that it was considered that as a debt arising from an order made in family proceedings is not released upon the discharge of the bankrupt (s 281(5) (a) of the 1986 Act) therefore it should not be provable. However there is no necessary or logical link between the provability of a debt and its release on discharge. In some cases there is such a link see, eg a fine imposed for an offence which is not provable under r 12.3(2)(a) and is not released on discharge under s 281(4). On the other hand a liability to pay damages in respect of personal injuries is a provable debt in bankruptcy, not being the subject of any exclusion under r 12.3, but is not released on discharge: s 281(5)(a). It seems, therefore, that any link between provability and release on discharge is a matter of policy and I can see good policy grounds for saying that a lump sum order made in family proceedings should (like damages for personal injuries) be both provable in bankruptcy and yet not be released on discharge.
I invite the Insolvency Rules Committee to consider whether a lump sum order made in family proceedings should be provable in bankruptcy as it was before the 1986 rules came into force. If it were provable, then that would be the appropriate route for the creditor to follow, since the procedure by way of judgment summons would then be barred by s 285(3) of the 1986 Act (see Smith v Braintree DC [1990] 2 AC 215).’

Judges:

Balcombe LJ

Citations:

Ind Summary 12-Apr-1993, [1994] 1 WLR 1167

Statutes:

Debtors Act 1869 5, Insolvency Rules 1986

Jurisdiction:

England and Wales

Cited by:

Cited – Gita Ram v Baskinder Ram,Solinder Ram, Monder Ram and Maurice William Russell CA 5-Nov-2004
A bankrupt had, before his bankruptcy disposed of his share in a house at an undervalue. His wife appealed an order that the share disposed of should vest entirely in the trustee in bankruptcy. Matrimonial proceedings had also been commenced.
Cited – In re Mordant CA 1996
The court discussed the interplay of family and insolvency proceedings: ‘Since the wife is unable to prove in the husband’s bankruptcy, the position . . is that the husband’s trustee must use the andpound;385,000 in paying the trustee’s expenses . .
Cited – McRoberts v McRoberts ChD 1-Nov-2012
The parties had agreed to an ancillary relief order on their divorce. The husband was made bankrupt without having paid the lump sum agreed. The former wife and now claimant had received no dividend. Debts which were not provable in the bankruptcy . .
Lists of cited by and citing cases may be incomplete.

Insolvency, Family

Updated: 26 October 2022; Ref: scu.90593

Pounds v Pounds: CA 24 Feb 1994

Consent orders giving effect to financial settlements are to be drafted and dated with care. The one in this case mistakenly pre-dated the decree nisi. It was amended under the slip rule.

Judges:

Neill LJ, Hoffmann LJ, Waite LJ

Citations:

Times 17-Mar-1994, Independent 03-Mar-1994, [1994] EWCA Civ 10, [1994] 1 WLR 1535, [1994] 2 FCR 1055, [1994] 1 FLR 775

Links:

Bailii

Jurisdiction:

England and Wales

Cited by:

Cited – Radmacher v Granatino CA 2-Jul-2009
Husband and wife, neither English, had married in England. Beforehand they had signed a prenuptial agreement in Germany agreeing that neither should claim against the other on divorce. The wife appealed against an order to pay a lump sum to the . .
Lists of cited by and citing cases may be incomplete.

Litigation Practice, Family

Updated: 26 October 2022; Ref: scu.84818

Marsh 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 to the Court of Appeal. In particular the judge may choose to hear fresh evidence: ‘No party shall be entitled as of right to adduce further evidence or oral evidence but the judge may in his discretion admit such further or oral evidence as he thinks relevant and just upon such terms as he thinks fit.’

Judges:

Sir Stephen Brown P

Citations:

Ind Summary 01-Mar-1993, Times 16-Feb-1993, [1993] 1 WLR 744

Statutes:

Family Proceedings Rules 1991 8.1(2) 8.1(3) 4.23, County Court Rules 1981 Order 37 Rule 6, Matrimonial Causes Act 1973

Jurisdiction:

England and Wales

Cited by:

Reconsidered – 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 . .
Cited – Piglowska v Piglowski HL 24-Jun-1999
No Presumption of House for both Parties
When looking to the needs of parties in a divorce, there is no presumption that both parties are to be left able to purchase alternative homes. The order of sub-clauses in the Act implies nothing as to their relative importance. Courts should be . .
Lists of cited by and citing cases may be incomplete.

Litigation Practice, Family

Updated: 26 October 2022; Ref: scu.83425

Jones v Jones: CA 19 Mar 1993

H appealed against his sentence of six months imprisonment for contempt of court in breaching a non-molestation order.
Held: Whilst Ansah could not be used to establish a principle that imprisonment for contempt should be a last resort only, the sentence here could be reduced to three months. The use of committal orders in contempt cases in family proceedings need not necessarily only be in the last resort.

Judges:

Russell, Simon Brown LJJ, Sir Michael Fox

Citations:

Times 23-Mar-1993

Jurisdiction:

England and Wales

Citing:

Cited – Ansah v Ansah CA 1977
Ormrod LJ: ‘Orders made ex parte are anomalies in our system of justice which generally demands service or notice of the proposed proceedings on the opposite party: see Craig v Karssen [1943] KB 256, 262. Nevertheless, the power of the court to . .
Lists of cited by and citing cases may be incomplete.

Family, Contempt of Court

Updated: 26 October 2022; Ref: scu.82606

In Re F (Minors) (Parental Home: Ouster): CA 1 Dec 1993

Neither the Children Act nor the court’s inherent jurisdiction allows the making of an ouster order without violence. A specific issue order gave no jurisdiction for the ouster of a joint tenant father. In the case of an ouster order to protect children, the court may use its power to order a transfer of property.

Citations:

Times 01-Dec-1993, Gazette 26-Jan-1994, Ind Summary 13-Dec-1993

Statutes:

Children Act 1989 15

Jurisdiction:

England and Wales

Children, Family

Updated: 26 October 2022; Ref: scu.81880

E v E (Non-Molestation Order): CA 3 Jan 1994

H had been found to have twice attempted to rape W. She applied for ouster and non-molestation orders. She appealed against an order which allowed him to continue to live in the matrimonial home, but with a non-molestation provision excluding him from her bedroom and supported by a power of arrest. She had told the judge ‘I do not necessarily want him to go. I want my safety and peace.’
Held: After such a finding, an ouster order would be the normal consequence, but the judge retained a discretion to make his own judgment on the evidence. The order actually made was, in the light of W’s statement, within those open to him under that discretion. An ouster may not be necessary unless W says that it is required, even in otherwise clear circumstances.

Judges:

Balcombe LJ, Peter Gibson LJ

Citations:

Times 03-Jan-1994

Jurisdiction:

England and Wales

Family

Updated: 26 October 2022; Ref: scu.80201

Brooks v Brooks: CA 27 May 1994

A single member pension fund scheme was a post nuptial settlement within the Act, and was variable by the court on a divorce. No third party would be affected.

Citations:

Independent 27-May-1994, Times 27-May-1994

Statutes:

Matrimonial Causes Act 1973 24(1)(c)

Jurisdiction:

England and Wales

Cited by:

Appeal from – Brooks v Brooks HL 29-Jun-1995
A director’s pension scheme could be treated as a post-nuptial marriage settlement where the director was the only scheme member. It was thus a matrimonial asset capable of variation by a court in ancillary relief proceedings in a divorce. The court . .
Lists of cited by and citing cases may be incomplete.

Family

Updated: 26 October 2022; Ref: scu.78674

Mrs Jean Forbes, Wife of Captain Dundas, and Elizabeth Forbes, Wife of Dr John Gregory, and Both Daughters of The Late Lord Forbes v James, Lord Forbes: HL 29 Jan 1756

An antenuptial contract of marriage, in the shape of an entail, contained a reserved faculty and power to grant provisions to younger children on deathbed, and to affect the estate therewith. Held, reversing the judgment of the Court of Session, that bonds of provision granted on deathbed were not reducible on deathbed, they having been executed in exercise of the reserved faculty.

Citations:

[1756] UKHL 2 – Paton – 8

Links:

Bailii

Jurisdiction:

Scotland

Family, Wills and Probate

Updated: 26 October 2022; Ref: scu.558229

Dellal v Dellal and Others: FD 1 Apr 2015

The families disputed a claim under the 1975 Act. The defendants now sought summary dismissal of the claim.

Judges:

Mostyn J

Citations:

[2015] EWHC 907 (Fam)

Links:

Bailii

Statutes:

Inheritance (Provision for Family and Dependants) Act 1975

Jurisdiction:

England and Wales

Citing:

Cited – Kemmis v Kemmis (Welland and Others Intervening) CA 1988
H had mortgaged the matrimonial home to release funds to support his lifestyle. The bank knew about the family circumstances and the mortgage was set aside at first instance. W applied to have the charge set aside.
Held: The application . .
Cited – Morrow v Morrow 1995
While it may be uncommon, the fact that a claimant stands to inherit whatever may fall into the actual death estate does not preclude an order being made under sections 10 and 2 in her favour. . .
Cited – Hamlin v Hamlin CA 1986
A plaintiff under the 1975 Act must show as against each defendant that where that defendant is out of the jurisdiction that the order for payment would be enforceable in the foreign land. . .
Cited – AC v DC and Others (Financial Remedy: Effect of S37 Avoidance Order) (No 1) FD 19-Jul-2012
The effect of an order under section 37 is to annul or ‘avoid’ the transaction under attack. Moreover, the bad intention to defeat the principal ancillary relief claim is presumed for transactions done within the three year period before the . .
Cited – Swain v Hillman CA 21-Oct-1999
Strike out – Realistic Not Fanciful Chance Needed
The proper test for whether an action should be struck out under the new Rules was whether it had a realistic as opposed to a fanciful prospect of success. There was no justification for further attempts to explain the meaning of what are clear . .
Cited – Tanfern Ltd v Cameron-MacDonald, Cameron-MacDonald CA 12-May-2000
The court gave detailed guidance on the application of the new procedures on civil appeals in private law cases introduced on May 2. Appeals from a County Court District Judge’s final decision in a multi-track case could now go straight to the Court . .
Cited – Three Rivers District Council and Others v Governor and Company of The Bank of England (No 3) HL 22-Mar-2001
Misfeasance in Public Office – Recklessness
The bank sought to strike out the claim alleging misfeasance in public office in having failed to regulate the failed bank, BCCI.
Held: Misfeasance in public office might occur not only when a company officer acted to injure a party, but also . .
Cited – Easyair Ltd (T/A Openair) v Opal Telecom Ltd ChD 2-Mar-2009
Principles Applicable on Summary Judgment Request
The court considered an application for summary judgment.
Held: Lewison J set out the principles: ‘the court must be careful before giving summary judgment on a claim. The correct approach on applications by defendants is, in my judgment, as . .
Cited – NLW v ARC FD 13-Jan-2012
The former wife sought leave to appeal against an ancillary relief order made by consent. The husband did not attend.
Held: The new rules intended to align family procedures with the CPR as applies for appeals to the Court of appeal. ‘The test . .
Cited – Wyatt v Vince SC 11-Mar-2015
Long delayed ancillary relief application proceeds
The parties had divorced some 22 years before, but no ancillary relief order had been made to satisfy the application outlined in the petition. The parties when together had lived in relative poverty, but H had subsequently become wealthy. W applied . .
Lists of cited by and citing cases may be incomplete.

Family, Wills and Probate

Updated: 26 October 2022; Ref: scu.545893

Lancashire County Council v E and F: FD 4 Feb 2020

The court heard an application to set aside a witness summons, raising an important issue about the circumstances in which disclosure can be resisted on grounds of a religious duty of confidentiality, in the context of allegations of child sexual abuse within the Jehovah’s Witness community. The summonses had been issued to church elders who had received notice of the allegations of abuse, but delayed reporting them to police for over two years.
Held: The Church’s policies had not been followed by the witnesses, but they had acted with the knowledge of the higher church. The application was rejected.
There was no evidence that the material sought through the witness summons was in any sense a confession or akin to a confession. The allegation of sexual abuse came to the elders’ attention because the Mother reported it, not because the Father confessed to the elders, or sought spiritual counselling. The elders then carried out some form of investigation and met with the Father, probably on more than one occasion.
The material that the Council seeks also does not, on the evidence, amount to ‘spiritual counselling’. There was an investigation into E’s allegations.
In any event, the Congregation’s own policies indicated that where a conversation amounts to spiritual counselling but indicates that a child may be at risk of harm, then it ‘will be conveyed to the extent necessary to ensure that the policies and procedures herein expressed shall be properly followed so as to safeguard children.’ In the 2018 policy at para 5, it says that the elders will be told to report the matter if the child is still at risk of abuse. It seems highly likely that E was still at risk of abuse up to July 2019, yet the elders did not report the allegations.
There does appear to be a strong suspicion that the Congregation’s own published guidance, both 2013 and 2018 was not followed, not just by A and B, but also by more senior figures in the Congregation. From a child safeguarding viewpoint this is deeply troubling, not least because the policy documents are ones which seem to be produced for public consumption but not to be effective to protect children.

Judges:

Mrs Justice Lieven DBE

Citations:

[2020] EWHC 182 (Fam), 418542

Links:

Bailii

Jurisdiction:

England and Wales

Citing:

Cited – H and Others v Regina CACD 21-Dec-2018
The crown sought to adduce additional evidence on the defendant’s appeal of the content of discussions between the defendant and a social worker from the council youth offending service.
Held: The evidence should not be admitted. Such . .
Cited – Regina v Hay 1896
A Roman Catholic priest had received, doubtless unknowingly, a watch that had been stolen. The priest was called to give evidence and was asked from whom did he receive the watch. He refused to answer saying that the reply would implicate the person . .
Cited – Regina v Gruenke 1991
(Canadian Supreme Court) The issue was whether the communications between the Defendant, who was accused of murder, and her pastor were protected by common law privilege or under the Canadian Bill of Rights.
Held: The Court not apply a strict . .
Lists of cited by and citing cases may be incomplete.

Family, Human Rights

Updated: 25 October 2022; Ref: scu.648624

FD (Inherent Jurisdiction: Power of Arrest): FD 28 Sep 2016

The issue before the court is whether a power of arrest may be attached to an injunction granted by the High Court under its inherent jurisdiction in the case of a vulnerable adult who has capacity.

Judges:

Clifford Bellamy HHJ

Citations:

[2016] EWHC 2358 (Fam), [2016] WLR(D) 498

Links:

Bailii, WLRD

Jurisdiction:

England and Wales

Family

Updated: 25 October 2022; Ref: scu.569863

Vallianatos and Others v Greece: ECHR 7 Nov 2013

Grand Chamber Judgment. The applicants alleged that the fact that the ‘civil unions’ introduced by the respondent were designed only for couples composed of different-sex adults had infringed their right to respect for their private and family life and amounted to unjustified discrimination between different-sex and same-sex couples, to the detriment of the latter.
Held: The introduction of registered partnerships only for different sex couples, to exist alongside marriage which was also only open to different sex couples, constituted a breach of article 14 read with article 8 of the Convention

Judges:

Dean Spielmann, P

Citations:

29381/09, [2013] ECHR 1110, 32684/09, 36 BHRC 149, (2014) 59 EHRR 12

Links:

Bailii

Statutes:

European Convention on Human Rights 8 14

Jurisdiction:

Human Rights

Citing:

Legal Summary – Vallianatos And Others v Greece (LS) ECHR 7-Nov-2013
ECHR (Grand Chamber) Article 14
Discrimination
Exclusion of same-sex couples from ‘civil unions’: violation
Facts – The first application was lodged by two Greek nationals, and the second by six . .

Cited by:

Cited – Steinfeld 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 . .
Cited – Steinfeld and Keidan, Regina (on The Application of) v Secretary of State for International Development (In Substitution for The Home Secretary and The Education Secretary) SC 27-Jun-2018
The applicants, an heterosexual couple wished to enter into a civil partnership under the 2004 Act, rather than a marriage. They complained that had they been a same sex couple they would have had that choice under the 2013 Act.
Held: The . .
Lists of cited by and citing cases may be incomplete.

Human Rights, Family, Discrimination

Updated: 25 October 2022; Ref: scu.517642

Dietz and Suttasom v Austria: ECHR 29 May 2015

Article 14
Discrimination
Conclusion of registered partnership and civil marriage before different authorities: communicated See: [2015] ECHR 644
[This summary also covers the communicated case of Hormann and Moser v. Austria, no. 31176/13]. [2015] ECHR 645
The applicants, homosexual couples, applied to the Office for Matters of Personal Status to contract a civil marriage. They further stated that in case they were denied the conclusion of a civil marriage, they wished to apply for the conclusion of a registered partnership, but only if the conclusion were to take place before the Office for Matters of Personal Status. Their application for the conclusion of a civil marriage was dismissed as, under the Civil Code, civil marriage could only be concluded by two persons of the opposite sex. The Office for Matters of Personal Status also dismissed their application for a registered partnership as such a partnership could only be concluded before the District Administrative Authority. The applicants unsuccessfully appealed against that decision before the administrative authorities and the domestic courts.
The applicants complain under Article 14 read in conjunction with Article 8 that they were discriminated against on grounds of their sexual orientation, because registered partnerships (which are open exclusively to same-sex couples) are concluded before the District Administrative Authorities, while civil marriage (which can only be concluded by two persons of the opposite sex) is contracted before the Office for Matters of Personal Status.
Communicated on 29 May 2015 under Article 14 read in conjunction with Article 8.

Citations:

31185/13 – Communicated, [2015] ECHR 644, 31185/13 – Legal Summary, [2015] ECHR 649

Links:

Bailii, Bailii Summary

Statutes:

European Convention on Human Rights 8 14

Jurisdiction:

Human Rights

Citing:

See Also – Hormann And Moser v Austria ECHR 29-May-2015
Article 14
Discrimination
Conclusion of registered partnership and civil marriage before different authorities: communicated See: [2015] ECHR 645
[This summary also covers the communicated case of Dietz and Suttasom v. Austria, no. . .
Lists of cited by and citing cases may be incomplete.

Human Rights, Family

Updated: 24 October 2022; Ref: scu.549935

Schalk and Kopf v Austria: ECHR 22 Nov 2010

The applicants, a same sex couple sought the right to marry.
Held: The application failed. Same-sex couples are in a relevantly similar situation to different-sex couples as regards their need for legal recognition and protection of their relationship, although since practice in this regard is still evolving across Europe, the Contracting States enjoy a wide margin of appreciation as to the way in which this is achieved within the domestic legal order.

Citations:

[2010] ECHR 1996, 30141/04, (2011) 53 EHRR 20

Links:

Bailii

Statutes:

European Convention on Human Rights

Jurisdiction:

Human Rights

Citing:

Statement of Facts – Schalk and Kopf v Austria ECHR 16-Feb-2010
The applicants, same sex partners, complained of the refusal of their request to be married, saying that the legal impossibility for them to get married constituted a violation of their right to respect for private and family life and of the . .
Judgment – Schalk and Kopf v Austria ECHR 24-Jun-2010
The applicants alleged discrimination in that as a same sex couple they were not allowed to marry.
Held: There was no violation.
The Court cannot but note that there is an emerging European consensus towards legal recognition of same-sex . .

Cited by:

Cited – Eweida And Others v The United Kingdom ECHR 15-Jan-2013
Eweida_ukECHR2013
The named claimant had been employed by British Airways. She was a committed Christian and wished to wear a small crucifix on a chain around her neck. This breached the then dress code and she was dismissed. Her appeals had failed. Other claimants . .
Cited – Steinfeld 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 . .
Cited – Elan-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.

Human Rights, Family

Updated: 24 October 2022; Ref: scu.470478

Schalk and Kopf v Austria: ECHR 24 Jun 2010

The applicants alleged discrimination in that as a same sex couple they were not allowed to marry.
Held: There was no violation.
The Court cannot but note that there is an emerging European consensus towards legal recognition of same-sex couples. Moreover, this tendency has developed rapidly over the past decade. Nevertheless, there is not yet a majority of States providing for legal recognition of same-sex couples. The area in question must therefore still be regarded as one of evolving rights with no established consensus, where States must also enjoy a margin of appreciation in the timing of the introduction of legislative changes…’
Sir James submits convincingly t

Judges:

Christos Rozakis, P

Citations:

[2010] ECHR 995, 30141/04, (2011) 53 EHRR 20

Links:

Bailii

Statutes:

European Convention on Human Rights

Jurisdiction:

Human Rights

Citing:

Statement of Facts – Schalk and Kopf v Austria ECHR 16-Feb-2010
The applicants, same sex partners, complained of the refusal of their request to be married, saying that the legal impossibility for them to get married constituted a violation of their right to respect for private and family life and of the . .

Cited by:

Judgment – Schalk and Kopf v Austria ECHR 22-Nov-2010
The applicants, a same sex couple sought the right to marry.
Held: The application failed. Same-sex couples are in a relevantly similar situation to different-sex couples as regards their need for legal recognition and protection of their . .
Cited – Steinfeld and Keidan, Regina (on The Application of) v Secretary of State for International Development (In Substitution for The Home Secretary and The Education Secretary) SC 27-Jun-2018
The applicants, an heterosexual couple wished to enter into a civil partnership under the 2004 Act, rather than a marriage. They complained that had they been a same sex couple they would have had that choice under the 2013 Act.
Held: The . .
Cited – Elan-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. . .
Cited – Elan-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.

Human Rights, Family

Updated: 24 October 2022; Ref: scu.470477

Kopf And Liberda v Austria: ECHR 17 Jan 2012

The court was concerned as to whether there was a positive obligation in relation to the interests of a foster carer and a foster child.
Held: The first step was to determine whether Article 8 was engaged. Having found that it was, the court went on to consider whether there was a positive obligation on the state, having regard to the fair balance exercise and the margin of appreciation.

Citations:

1598/06, [2012] ECHR 50, [2012] 1 FLR 1199

Links:

Bailii

Statutes:

European Convention on Human Rights

Jurisdiction:

Human Rights

Cited by:

Cited – Elan-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.

Human Rights, Family

Updated: 23 October 2022; Ref: scu.450384

Golubovich v Golubovich: CA 13 Jul 2010

The issue raised by this appeal is the recognition of a decree of divorce pronounced by a competent foreign jurisdiction. The refusal to recognise such a decree is controlled by statutory provisions contained in Section 53 of the Family Law Act 1986. More specifically in this appeal we consider the refusal of recognition on the grounds of public policy under Section 53 (l)(c). Ultimately we must consider whether Singer J mis-directed himself, or alternatively was plainly wrong to refuse recognition of the divorce pronounced by the Court of First Instance in Moscow on 25th December 2009 on the grounds that recognition clearly offended our public policy.

Judges:

Lord Neuberger of Abbotsbury MR, Thorpe, Etherton LJJ

Citations:

[2010] EWCA Civ 810, [2010] WLR (D) 188, [2011] 1 Fam 88, [2010] 3 WLR 1607, [2010] 3 FCR 112, [2011] Fam 88

Links:

Bailii

Statutes:

Family Law Act 1986 53

Jurisdiction:

England and Wales

Family, International

Updated: 23 October 2022; Ref: scu.421101

Schalk and Kopf v Austria: ECHR 16 Feb 2010

The applicants, same sex partners, complained of the refusal of their request to be married, saying that the legal impossibility for them to get married constituted a violation of their right to respect for private and family life and of the principle of non-discrimination.

Citations:

30141/04, [2010] ECHR 218

Links:

Bailii

Statutes:

European Convention on Human Rights

Jurisdiction:

Human Rights

Cited by:

Statement of Facts – Schalk and Kopf v Austria ECHR 24-Jun-2010
The applicants alleged discrimination in that as a same sex couple they were not allowed to marry.
Held: There was no violation.
The Court cannot but note that there is an emerging European consensus towards legal recognition of same-sex . .
Statement of Facts – Schalk and Kopf v Austria ECHR 22-Nov-2010
The applicants, a same sex couple sought the right to marry.
Held: The application failed. Same-sex couples are in a relevantly similar situation to different-sex couples as regards their need for legal recognition and protection of their . .
Lists of cited by and citing cases may be incomplete.

Human Rights, Family, Discrimination

Updated: 23 October 2022; Ref: scu.401773

K v A: FD 17 Nov 2014

Preliminary issue hearing which arises in the context of ongoing divorce proceedings between a petitioner wife and a respondent husband. In circumstances as to whether the purported marriage between the parties celebrated in Pakistan in 2005 should be recognised in this jurisdiction as a valid and subsisting marriage which would entitle the petitioner to proceed with her current petition seeking its dissolution, and her related application for various financial remedy orders flowing therefrom.

Judges:

Roberts J

Citations:

[2014] EWHC 3850 (Fam)

Links:

Bailii

Jurisdiction:

England and Wales

Family

Updated: 23 October 2022; Ref: scu.539461

Norris v Norris: FD 28 Nov 2002

Claim for lump sum for clean break in ancillary relief case.

Judges:

Bennett J

Citations:

[2002] EWHC 2996 (Fam), [2003] 1 FLR 1142, [2003] Fam Law 301, [2003] 2 FCR 245

Links:

Bailii

Jurisdiction:

England and Wales

Cited by:

Cited – S v S FD 22-Sep-2006
The court heard an application for ancillary relief. The judgment had been delayed pending the decision in McFarlane. . .
Lists of cited by and citing cases may be incomplete.

Family

Updated: 22 October 2022; Ref: scu.263388

Ishtiaq v Secretary of State for the Home Department: CA 26 Apr 2007

The applicant sought leave to remain in the UK permanently after her relationship with her spouse had broken down after domestic violence. She now complained that the officer who had decided her case had treated himself as bound to accept as conclusive her failure to provide a copy of a court order to that effect.
Held: The officer had wrongly considered that he did not have a discretion. An applicant is not limited to evidence within the categories suggested. It was wrong to expect someone to stay in an abusive or violent relationship for two years to qualify for indefinite leave to remain.

Judges:

Chadwick, Dyson , Thomas LJJ

Citations:

[2007] EWCA Civ 386, Times 22-May-2007

Links:

Bailii

Jurisdiction:

England and Wales

Cited by:

Cited – AN (Pakistan) v Secretary of State for The Home Department CA 6-Jul-2010
The claimant appealed against refusal of indefinite leave to remain. She said that she feared if she returned to Pakistan she would be subject to domestic violence. Though her husband had received prison sentences of three years for offences of . .
Lists of cited by and citing cases may be incomplete.

Immigration, Family

Updated: 22 October 2022; Ref: scu.251503

Mackinnon’s Trustees v Inland Revenue: HL 16 Jul 1920

In 1893 a Scotsman, who had contracted dissipated habits, executed a voluntary deed of separation and, with his wife’s approval, went to Australia. He lived in Brisbane from 1899 till his death in 1918. In 1902 he contracted in that city a bigamous marriage. His wife continued to live in Scotland till the date of her death, September 1915. Held ( aff. judgment of the First Division) that as the husband had at the date of her death acquired a domicile in Australia the wife’s domicile was also in Australia.

Judges:

Viscount Haldane, Viscount Finlay, Viscount Cave, Lord Dunedin, and Lord Shaw

Citations:

[1920] UKHL 535

Links:

Bailii

Jurisdiction:

Scotland

Family, Wills and Probate

Updated: 22 October 2022; Ref: scu.631543

Charman v Charman: CA 11 Dec 2006

Ancillary relief – substantial assets – application by the respondent wife in relation to an appeal by the appellant husband from a judgment and order in ancillary relief proceedings. The judge ordered the husband to pay pounds 40 million to the wife which, when added to almost pounds 8 million of assets held by her, made overall capital provision for the wife of pounds 48 million, which sum amounted to pounds 37 million of the total assets available which the judge held amounted to pounds 131 million.

Citations:

[2006] EWCA Civ 1791, [2007] 1 FLR 1237

Links:

Bailii

Jurisdiction:

England and Wales

Citing:

See Also – Charman v Charman CA 20-Dec-2005
The court considered orders to third parties abroad to produce docments for use in ancillary relief proceedings. The husband had built up considerable assets within an offshore discretionary trust. The court was asked whether these were family . .
Appeal from – Charman v Charman (No 2) FD 27-Jul-2006
Ancillary relief claim – very substantial assets. The court provided for a possible substantial debt by a reverse contingent lump sum. . .

Cited by:

See Also – Charman v Charman (No 4) CA 24-May-2007
The court considered what property should be considered in an ancillary relief claim on divorce, and said: ‘To what property does the sharing principle apply? The answer might well have been that it applies only to matrimonial property, namely the . .
Lists of cited by and citing cases may be incomplete.

Family

Updated: 21 October 2022; Ref: scu.249098

Hutchinson v Baldock: CA 9 Jul 1997

The appellant had sought the protection of an ex parte injunction under the Act. The recorder had granted an order but had refused a power of arrest saying that since the respondent was a police officer, a notification to his superiors would be sufficient.
Held: No part of the community was to attract any special immunity. A power of arrest was granted.

Judges:

Butler-Sloss LJ

Citations:

[1997] EWCA Civ 2060

Statutes:

Domestic Violence and Matrimonial Proceedings Act 1976

Jurisdiction:

England and Wales

Family

Updated: 21 October 2022; Ref: scu.142457

Catterall v Sweetman: ConC 8 Jul 1845

Citations:

(1845) 1 Rob Eccl 304

Links:

Worldlii

Jurisdiction:

Australia

Cited by:

Cited – Her Majesty’s Attorney General v Akhter and Another CA 14-Feb-2020
Islamic Nikah Ceremony did not create a marriage
The parties had undertaken, in 1998, an Islamic marriage ceremony, a Nikah. They both knew at the time that to be effective in UK law, there would need to be a civil ceremony, and intended but did not achieve one. The parties having settled their . .
Lists of cited by and citing cases may be incomplete.

Family

Updated: 20 October 2022; Ref: scu.648165

Gereis v Yagoub: 1997

Citations:

[1997] 1 FLR 854

Jurisdiction:

England and Wales

Cited by:

Cited – Her Majesty’s Attorney General v Akhter and Another CA 14-Feb-2020
Islamic Nikah Ceremony did not create a marriage
The parties had undertaken, in 1998, an Islamic marriage ceremony, a Nikah. They both knew at the time that to be effective in UK law, there would need to be a civil ceremony, and intended but did not achieve one. The parties having settled their . .
Lists of cited by and citing cases may be incomplete.

Family

Updated: 20 October 2022; Ref: scu.648168

Kenward v Kenward: CA 1961

Judges:

Lord Denning

Citations:

[1961] P 124

Jurisdiction:

England and Wales

Citing:

Cited – Way v Way FD 1951
Hodson, J. said: ‘Questions of consent are to be dealt with by reference to the personal law of the parties rather than by reference to the law of the place where the contract was made. This view is not covered by direct authority, but it is, I . .

Cited by:

Cited – Her Majesty’s Attorney General v Akhter and Another CA 14-Feb-2020
Islamic Nikah Ceremony did not create a marriage
The parties had undertaken, in 1998, an Islamic marriage ceremony, a Nikah. They both knew at the time that to be effective in UK law, there would need to be a civil ceremony, and intended but did not achieve one. The parties having settled their . .
Lists of cited by and citing cases may be incomplete.

Family

Updated: 19 October 2022; Ref: scu.648170

Risk (otherwise Yerburgh) v Risk: 1951

the court had no jurisdiction to grant a decree because, under English law, the marriage ceremony which had taken place in Egypt was ‘no marriage’.

Judges:

Barnard J

Citations:

[1951] P 50

Jurisdiction:

England and Wales

Cited by:

Cited – Her Majesty’s Attorney General v Akhter and Another CA 14-Feb-2020
Islamic Nikah Ceremony did not create a marriage
The parties had undertaken, in 1998, an Islamic marriage ceremony, a Nikah. They both knew at the time that to be effective in UK law, there would need to be a civil ceremony, and intended but did not achieve one. The parties having settled their . .
Lists of cited by and citing cases may be incomplete.

Family

Updated: 17 October 2022; Ref: scu.648167

Greaves v Greaves: 1872

Judges:

Lord Penzance

Citations:

(1872) LR 2 P and D 423

Jurisdiction:

England and Wales

Cited by:

Cited – Her Majesty’s Attorney General v Akhter and Another CA 14-Feb-2020
Islamic Nikah Ceremony did not create a marriage
The parties had undertaken, in 1998, an Islamic marriage ceremony, a Nikah. They both knew at the time that to be effective in UK law, there would need to be a civil ceremony, and intended but did not achieve one. The parties having settled their . .
Lists of cited by and citing cases may be incomplete.

Family

Updated: 17 October 2022; Ref: scu.648166

Collett v Collett: FD 1968

Discussing a proposition that ‘The general tendency of the law as it has been developed has been to preserve marriages where the ceremonial aspects were in order’, Ormrod J held that: ‘The control of the formation of marriage in this country has a long statutory history, much of it intended to prevent clandestine marriages. The general tendency has been to preserve marriages where the ceremonial aspects were in order rather than to invalidate them for failure to comply with the statutory provisions leading up to the ceremony. . . In my judgment, the principle which emerges from the corpus of legislation regulating the formation of marriages in England and from the reported cases arising therefrom, is that if a ceremony of marriage has actually taken place which, as a ceremony, would be sufficient to constitute a valid marriage, the courts will hold the marriage valid unless constrained by express statutory enactment to hold otherwise. This is consistent with the traditional concept both of the common law and of the canon law that the essence of marriage is the formal exchange of voluntary consents to take one another for husband and wife.’

Judges:

Ormrod J

Citations:

[1968] P 482

Jurisdiction:

England and Wales

Cited by:

Cited – MA v JA (Attorney General intervening) FD 27-Jul-2012
The parties had gone through a marriage ceremony, but not having given the required notice to the registrar, no marriage certificate had been issued. They now sought a declaration that the marriage was valid.
Held: The declaration was granted. . .
Cited – Her Majesty’s Attorney General v Akhter and Another CA 14-Feb-2020
Islamic Nikah Ceremony did not create a marriage
The parties had undertaken, in 1998, an Islamic marriage ceremony, a Nikah. They both knew at the time that to be effective in UK law, there would need to be a civil ceremony, and intended but did not achieve one. The parties having settled their . .
Lists of cited by and citing cases may be incomplete.

Family

Updated: 16 October 2022; Ref: scu.632729

Gray v Work: FD 6 Mar 2015

Wife’s application for a financial remedies order after a divorce.

Judges:

Holman J

Citations:

[2015] EWHC 834 (Fam), [2015] CN 573

Links:

Bailii

Jurisdiction:

England and Wales

Cited by:

Appeal from – Work v Gray CA 11-Apr-2017
Husband’s appeal from order for equal division of family assets. . .
Lists of cited by and citing cases may be incomplete.

Family

Updated: 16 October 2022; Ref: scu.545015

Hamalainen v Finland: ECHR 16 Jul 2014

Grand Chamber

Citations:

37359/09 – Grand Chamber Judgment, [2014] ECHR 787, [2014] ECHR 974, [2015] 1 FCR 379

Links:

Bailii, Bailii

Statutes:

European Convention on Human Rights

Jurisdiction:

Human Rights

Citing:

Legal Summary – Hamalainen v Finland ECHR 16-Jul-2014
ECHR Grand Chamber – Article 8-1
Respect for family life
Respect for private life
Refusal to give applicant female identity number following sex change unless marriage was transformed into civil . .

Cited by:

Cited – MB v Secretary of State for Work and Pensions SC 5-Jul-2016
The court was asked about the age at which entitlement to a pension began for someone of transgender.
Held: The court was divided, and the issue was referred to the European Court of Justice. . .
Cited – Her Majesty’s Attorney General v Akhter and Another CA 14-Feb-2020
Islamic Nikah Ceremony did not create a marriage
The parties had undertaken, in 1998, an Islamic marriage ceremony, a Nikah. They both knew at the time that to be effective in UK law, there would need to be a civil ceremony, and intended but did not achieve one. The parties having settled their . .
Lists of cited by and citing cases may be incomplete.

Human Rights

Updated: 16 October 2022; Ref: scu.534435

Work v Gray: CA 11 Apr 2017

Husband’s appeal from order for equal division of family assets.

Judges:

Sir Terence Etherton MR, King LJ and Moylan LJ

Citations:

[2017] EWCA Civ 270, [2017] WLR(D) 274, [2018] Fam 35, [2017] 3 WLR 535, [2017] 2 FLR 1297, [2017] 2 FCR 810

Links:

Bailii, WLRD

Jurisdiction:

England and Wales

Citing:

Appeal from – Gray v Work FD 6-Mar-2015
Wife’s application for a financial remedies order after a divorce. . .

Cited by:

Cited – Her Majesty’s Attorney General v Akhter and Another CA 14-Feb-2020
Islamic Nikah Ceremony did not create a marriage
The parties had undertaken, in 1998, an Islamic marriage ceremony, a Nikah. They both knew at the time that to be effective in UK law, there would need to be a civil ceremony, and intended but did not achieve one. The parties having settled their . .
Lists of cited by and citing cases may be incomplete.

Family

Updated: 16 October 2022; Ref: scu.582103

Akhter v Khan: FC 31 Jul 2018

The petitioner issued a petition for divorce from the respondent, or alternatively a decree of nullity. The husband argued against both saying that the parties had not entered a marriage valid according to English law. W averred that the presumption of marriage arising out of cohabitation and reputation applied so as to validate the marriage. In the alternative, she averred that the marriage was a void marriage within section 11(a)(iii) of the Matrimonial Causes Act 1973.
Held: A decree of nullity was granted. The Court rejected the Petitioner’s submission that the presumption in favour of marriage applied because it denied that the court could presume a second ceremony of marriage in Dubai. Since no party sought to argue that the 1998 ceremony had created a valid marriage under English law, the judge said that this left the issue of whether it created ‘what has become termed a non-marriage’, or alternatively a void marriage which entitled the Petitioner to a decree of nullity under s. 11 of the 1973 Act.
It was ‘beyond argument that the concept of a form of marriage which was neither valid according to English law nor void had been accepted in . . . 11 cases . . . spanning a period of some 50 years’. He decided, however, that the current approach, as applied in those cases, to the question ‘of whether what the parties did can properly be evaluated as an attempt to comply with the formalities required in English law to create a valid marriage’, and was therefore ‘a ceremony within the scope of the’ legislation, must ‘be supplemented’ by his ‘conclusions in relation to some of the human rights arguments’ which had been advanced on behalf of the Petitioner.

Judges:

Williams J

Citations:

[2018] EWFC 54, [2019] 1 FLR 575, [2018] WTLR 729, [2019] 1 FCR 24, [2019] Fam 247, [2019] 2 WLR 771

Links:

Bailii

Statutes:

Matrimonial Causes Act 1973 11(a)(iii)

Jurisdiction:

England and Wales

Cited by:

Appeal from – Her Majesty’s Attorney General v Akhter and Another CA 14-Feb-2020
Islamic Nikah Ceremony did not create a marriage
The parties had undertaken, in 1998, an Islamic marriage ceremony, a Nikah. They both knew at the time that to be effective in UK law, there would need to be a civil ceremony, and intended but did not achieve one. The parties having settled their . .
Lists of cited by and citing cases may be incomplete.

Family, Human Rights

Updated: 16 October 2022; Ref: scu.621629

MA v JA (Attorney General intervening): FD 27 Jul 2012

The parties had gone through a marriage ceremony, but not having given the required notice to the registrar, no marriage certificate had been issued. They now sought a declaration that the marriage was valid.
Held: The declaration was granted. The issue was the extent to which the marriage complied with the Act, and whether it was enough. The marriage purported to take place under the Act, it was in a designated building and was conducted by an authorise person.

Judges:

Moylan J

Citations:

[2012] EWHC 2219 (Fam), [2012] WLR(D) 246, [2012] Fam Law 1330, [2013] 2 WLR 606, [2013] Fam 51, [2013] 2 FLR 68

Links:

Bailii, WLRD

Statutes:

Marriage Act 1949 49

Jurisdiction:

England and Wales

Citing:

Cited – Collett v Collett FD 1968
Discussing a proposition that ‘The general tendency of the law as it has been developed has been to preserve marriages where the ceremonial aspects were in order’, Ormrod J held that: ‘The control of the formation of marriage in this country has a . .
Cited – Hudson 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 . .

Cited by:

Cited – Her Majesty’s Attorney General v Akhter and Another CA 14-Feb-2020
Islamic Nikah Ceremony did not create a marriage
The parties had undertaken, in 1998, an Islamic marriage ceremony, a Nikah. They both knew at the time that to be effective in UK law, there would need to be a civil ceremony, and intended but did not achieve one. The parties having settled their . .
Lists of cited by and citing cases may be incomplete.

Family

Updated: 16 October 2022; Ref: scu.464863

Sharbatly v Shagroon: CA 21 Nov 2012

Judges:

Thorpe, Black LJJ, Hedley J

Citations:

[2012] EWCA Civ 1507, [2013] 1 FLR 1493, [2012] WLR(D) 337, [2013] Fam Law 394, [2013] 1 FCR 467, [2013] Fam 267, [2013] 2 WLR 1255

Links:

Bailii

Statutes:

Matrimonial and Family Proceedings Act 1984 12

Jurisdiction:

England and Wales

Citing:

Approved – Dukali v Lamrani FD 15-Mar-2012
W sought permission to seek financial relief under section 13. H denied that there had been a marriage. There had been a civil ceremony at the Moroccan consulate, the parties each having dual Moroccan and British citizenship, and: ‘the issue is . .

Cited by:

Cited – Her Majesty’s Attorney General v Akhter and Another CA 14-Feb-2020
Islamic Nikah Ceremony did not create a marriage
The parties had undertaken, in 1998, an Islamic marriage ceremony, a Nikah. They both knew at the time that to be effective in UK law, there would need to be a civil ceremony, and intended but did not achieve one. The parties having settled their . .
Lists of cited by and citing cases may be incomplete.

Family

Updated: 16 October 2022; Ref: scu.465944

Dukali v Lamrani: FD 15 Mar 2012

W sought permission to seek financial relief under section 13. H denied that there had been a marriage. There had been a civil ceremony at the Moroccan consulate, the parties each having dual Moroccan and British citizenship, and: ‘the issue is whether what judges have recently labelled or characterised as a ‘non-marriage’ under English law, so as to be outside the scope of an English suit for matrimonial relief under the Matrimonial Causes Act 1973, can nevertheless amount to a ‘marriage’ for the purpose of financial relief under Part III of the 1984 Act.’
Held: It could not.
Holman J said: ‘Despite all these points and considerations, however, I have reached the firm view, submitted not only on behalf of the husband but also by counsel on behalf of the intervening Attorney-General, that the word ‘marriage’ in s 12 and Part III generally of the MFPA must mean, and can only mean, a marriage which is, or under English law is recognised as, a valid or at least a void marriage. That is the natural meaning and scope of the word ‘marriage’ when used in this context. Far from needing to use words of limitation or exclusion to limit ‘marriage’ to a valid or void marriage, Parliament would have needed to use express words of inclusion if it had intended to enlarge and include within the word ‘marriage’ even what is characterised here as a non-marriage. That is particularly so in the case of a marriage which was actually contracted in England. If the marriage relied upon is a ceremony which took place here but which was so irregular and altogether outside the scope of the Marriage Acts as not to be a marriage at all, not even a void one, then in my view it would require clear words from Parliament before it could fall within the scope of s 12 and Part III [of the 1984 Act].’

Judges:

Holman J

Citations:

[2012] EWHC 1748 (Fam)

Links:

Bailii

Statutes:

Matrimonial and Family Proceedings Act 1984 13

Jurisdiction:

England and Wales

Cited by:

Approved – Sharbatly v Shagroon CA 21-Nov-2012
. .
Cited – Her Majesty’s Attorney General v Akhter and Another CA 14-Feb-2020
Islamic Nikah Ceremony did not create a marriage
The parties had undertaken, in 1998, an Islamic marriage ceremony, a Nikah. They both knew at the time that to be effective in UK law, there would need to be a civil ceremony, and intended but did not achieve one. The parties having settled their . .
Lists of cited by and citing cases may be incomplete.

Family

Updated: 16 October 2022; Ref: scu.460520

A-M v A-M (divorce: jurisdiction: validity of marriage): FD 2001

The parties had undergone a wedding ceremony under Islamic law, but not one which would constitute a marriage under UK law. H had been actively seeking to regularise the position as a matter of English law and had been advised that the parties needed to divorce and re-marry abroad to create a marriage which would be recognised as valid in England. had signed a power of attorney which enabled her to be divorced and was accustomed to signing documents at the husband’s behest without appreciating what those documents were. The evidence established if the wife signed a power of attorney, the husband could marry her in an Islamic country without her knowledge and had been seeking to pursue a foreign marriage. The court considered whether a party might marry by proxy.
Held: H had not rebutted the presumption that he might have married the wife by proxy without her knowledge. The court marked the distinction between a non-existent marriage and a void one. Hughes J referred to ‘alternative marriage rites consciously and deliberately conducted altogether outside the Marriage Acts and never intended or believed to create any recognisable marriage. Unless a marriage purports to be of the kind contemplated by the Marriage Acts, it is not, I hold a marriage for the purposes of section 11 of the Matrimonial Causes Act 1973. No doubt it is possible to envisage cases where the question whether a particular ceremony or other event does or does not purport to be a marriage of the kind contemplated by the marriage act is a fine one.’
Hughes J identified that Bodey J had considered whether it was possible or sensible to seek to define or set out a test for a non-marriage. He decided that it was not.
‘ I am unconvinced that there is or can be any satisfactory definition and to cover this sort of situation for convenience described in shorthand as a non-marriage or a non-existent marriage . . in the result, it is not in my view, either necessary or prudent to attempt in the abstract a definition or test of the circumstances in which a given event having marital characteristics should be held not to be a marriage. Questionable ceremonies should I think be addressed on a case-by-case basis taking account of the various factors and features mentioned above including particularly, but not exhaustively: (a) whether the ceremony or event set out or purported to be a lawful marriage; (b) whether it bore all or enough of the hallmarks of marriage; (c) whether the three key participants (most especially the officiating official) believed, intended and understood the ceremony as giving rise to the status of lawful marriage; and (d) the reasonable perceptions, understandings and beliefs of those in attendance. In most if not all reasonably foreseeable situations, a review of these and similar considerations should enable a decision to be satisfactorily reached.’

Judges:

Hughes J

Citations:

[2001] 2 FLR 6

Jurisdiction:

England and Wales

Cited by:

Cited – Hudson 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 . .
Cited – Her Majesty’s Attorney General v Akhter and Another CA 14-Feb-2020
Islamic Nikah Ceremony did not create a marriage
The parties had undertaken, in 1998, an Islamic marriage ceremony, a Nikah. They both knew at the time that to be effective in UK law, there would need to be a civil ceremony, and intended but did not achieve one. The parties having settled their . .
Lists of cited by and citing cases may be incomplete.

Family

Updated: 16 October 2022; Ref: scu.376129

Silver v Silver: CA 1955

Citations:

[1955] 1 WLR 728, [1955] 2 All ER 614

Jurisdiction:

England and Wales

Citing:

Approved – Way v Way FD 1951
Hodson, J. said: ‘Questions of consent are to be dealt with by reference to the personal law of the parties rather than by reference to the law of the place where the contract was made. This view is not covered by direct authority, but it is, I . .

Cited by:

Cited – Baiai and others, Regina (on the Application of) v Secretary of State for the Home Department HL 30-Jul-2008
In order to prevent marriages of convenience in the UK the Secretary of State introduced a scheme under which certain persons subject to immigration control required her written permission to marry and would not receive it unless they were present . .
Cited – Her Majesty’s Attorney General v Akhter and Another CA 14-Feb-2020
Islamic Nikah Ceremony did not create a marriage
The parties had undertaken, in 1998, an Islamic marriage ceremony, a Nikah. They both knew at the time that to be effective in UK law, there would need to be a civil ceremony, and intended but did not achieve one. The parties having settled their . .
Lists of cited by and citing cases may be incomplete.

Family

Updated: 16 October 2022; Ref: scu.272213

Ram v Ram and others: CA 16 Nov 2004

Citations:

[2004] EWCA Civ 1684, [2005] 2 FLR 63

Links:

Bailii

Statutes:

Insolvency Act 1986 423

Jurisdiction:

England and Wales

Cited by:

Cited – Her Majesty’s Attorney General v Akhter and Another CA 14-Feb-2020
Islamic Nikah Ceremony did not create a marriage
The parties had undertaken, in 1998, an Islamic marriage ceremony, a Nikah. They both knew at the time that to be effective in UK law, there would need to be a civil ceremony, and intended but did not achieve one. The parties having settled their . .
Lists of cited by and citing cases may be incomplete.

Family, Insolvency

Updated: 15 October 2022; Ref: scu.221008

Johnston 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 – finding of violation sufficient; Costs and expenses award – Convention proceedings
The applicants were an unmarried couple who could not marry, and so legitimate their daughter, the third applicant, because the Irish Constitution did not permit divorce. They relied on article 14 in conjunction with article 8, arguing that they had been discriminated against on grounds of their limited financial means, since (had they been better off) they could have obtained a divorce by the expedient of a spell of residence outside the Republic.
Held: The complaint was rejected in short measure: ‘Article 14 safeguards persons who are ‘placed in analogous situations’ against discriminatory differences of treatment in the exercise of the rights and freedoms recognised by the Convention. The court notes that under the general Irish rules of private international law foreign divorces will be recognised in Ireland only if they have been obtained by persons domiciled abroad. It does not find it to have been established that these rules are departed from in practice. In its view, the situations of such persons and of the first and second applicants cannot be regarded as analogous.’
the ECtHR said: ‘ . . the Court agrees with the Commission that the ordinary meaning of the words ‘right to marry’ is clear, in the sense that they cover the formation of marital relationships but not their dissolution. Furthermore, these words are found in a context that includes an express reference to ‘national laws’; even if, as the applicants would have it, the prohibition on divorce is to be seen as a restriction on capacity to marry, the Court does not consider that, in a society adhering to the principle of monogamy, such a restriction can be regarded as injuring the substance of the right guaranteed by Article 12 (art. 12). (our emphasis)
Moreover, the foregoing interpretation of Article 12 (art. 12) is consistent with its object and purpose as revealed by the travaux preparatoires. . . In the Court’s view, the travaux preparatoires disclose no intention to include in Article 12 (art. 12) any guarantee of a right to have the ties of marriage dissolved by divorce.
The applicants set considerable store on the social developments that have occurred since the Convention was drafted, notably an alleged substantial increase in marriage breakdown.
It is true that the Convention and its Protocols must be interpreted in the light of present-day conditions (see, amongst several authorities, the above-mentioned Marckx judgment, Series A no. 31, p. 26, ss 58). However, the Court cannot, by means of an evolutive interpretation, derive from these instruments a right that was not included therein at the outset. This is particularly so here, where the omission was deliberate.’

Citations:

[1986] ECHR 17, 9697/82, [1986] 9 EHRR 203, ECLI:CE:ECHR:1986:1218JUD000969782

Links:

Worldlii, Bailii

Statutes:

European Convention on Human Rights 814

Jurisdiction:

Human Rights

Cited by:

Cited – Carson, 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 . .
Cited – Wilkinson 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 – 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 . .
Cited – RJM, Regina (on the Application of) v Secretary of State for Work and Pensions HL 22-Oct-2008
The 1987 Regulations provided additional benefits for disabled persons, but excluded from benefit those who had nowhere to sleep. The claimant said this was irrational. He had been receiving the disability premium to his benefits, but this was . .
Cited – Her Majesty’s Attorney General v Akhter and Another CA 14-Feb-2020
Islamic Nikah Ceremony did not create a marriage
The parties had undertaken, in 1998, an Islamic marriage ceremony, a Nikah. They both knew at the time that to be effective in UK law, there would need to be a civil ceremony, and intended but did not achieve one. The parties having settled their . .
Lists of cited by and citing cases may be incomplete.

Human Rights, Discrimination, Family

Updated: 15 October 2022; Ref: scu.164961

Kelly (orse Hyams) v Kelly: 1932

Lord Merrivale P said: ‘In a country like ours, where the marriage status is of very great consequence and where the enforcement of the marriage laws is a matter of great public concern, it would be intolerable if the marriage law could be played with by people who thought fit to go to a Register Officer and subsequently, after some change of mind, to affirm that it was not a marriage because they did not so regard it.’

Judges:

Lord Merrivale P

Citations:

[1932] 49 TLR 99

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 – Her Majesty’s Attorney General v Akhter and Another CA 14-Feb-2020
Islamic Nikah Ceremony did not create a marriage
The parties had undertaken, in 1998, an Islamic marriage ceremony, a Nikah. They both knew at the time that to be effective in UK law, there would need to be a civil ceremony, and intended but did not achieve one. The parties having settled their . .
Lists of cited by and citing cases may be incomplete.

Family

Updated: 14 October 2022; Ref: scu.235297

Vervaeke 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 Belgian Court treated that as a sham and so declared it void. The opposite view was taken here. English public policy required that the marriage be held valid here and the court so declared. An attempt was then made to obtain recognition of the Belgian nullity decree. The court considered the effect of the illegality of a marriage when seeking to enforce here a decree of divorce.
Held: The rule in Sottomayor v De Barros (No. 2) applied to determine the validity of a marriage where consent was in issue.

Judges:

Sir John Arnold P

Citations:

[1981] Fam 77

Jurisdiction:

England and Wales

Cited by:

Appeal from – Vervaeke 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 . .
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 – 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: 14 October 2022; Ref: scu.219312

AM v SS: FD 21 Nov 2013

Application by a wife for a Legal Services Order in the course of heavily contested financial remedy proceedings.

Citations:

[2013] EWHC 4380 (Fam)

Links:

Bailii

Jurisdiction:

England and Wales

Cited by:

See Also – AM v SS FD 19-Mar-2014
Preliminary questions relating to the ownership and beneficial interest of the parties in three properties . .
See Also – AM v SS FD 31-Mar-2014
The court considered perennial and intractable problem of the proper weight to give to valuable resources which do not belong to one of the parties to the litigation but to e.g. a parent or family trust . .
Lists of cited by and citing cases may be incomplete.

Family

Updated: 14 October 2022; Ref: scu.537599

London Borough of Sutton v Gray and Others v Guardian News and Media Ltd: FD 22 Jun 2016

Application made on behalf of Guardian News and Media Limited, and others for publication of the judgment of Eleanor King J, brought just the day after the convictions resulting from the tragic death of Ellie Butler; and it is made with a powerful element of public interest behind it.
The application is made on behalf of the media organisations on the basis that there is a profound public interest in reporting the story of Ellie’s death, including, in particular, the history of the care proceedings relating to Ellie’s younger sibling. It is said that the judgment of Eleanor King J should be published so as to ensure that the media can properly report both the story of Ellie’s death and the story of the care proceedings.

Judges:

Pauffley J

Citations:

[2016] EWHC 1608 (Fam), [2017] 2 FLR 146, [2016] Fam Law 1097

Links:

Bailii

Jurisdiction:

England and Wales

Family, Media

Updated: 13 October 2022; Ref: scu.566835

Al-Khatib v Masry and others: CA 26 Jun 2002

Application for leave to appeal against ancillary relief order.

Citations:

[2002] EWCA Civ 1045

Links:

Bailii

Jurisdiction:

England and Wales

Citing:

Appeal from – Al-Khatib v Masry FD 2002
The court heard an application for an ancillary relief order in divorce proceedings.
Held: General reputation prevailing in the community, and the mere opinions, inferences or beliefs of witnesses, are inadmissible in proof of material facts. . .

Cited by:

Application for leave – Al-Khatib v Masry and others CA 5-Oct-2004
The parties had been involved in protracted and bitter family disputes. After a previous appeal they had been invited to refer their disputes to mediation.
Held: At that time, mediation within the Appeal Court was managed by commercial . .
Lists of cited by and citing cases may be incomplete.

Family

Updated: 12 October 2022; Ref: scu.217263

AM v SS: FD 19 Mar 2014

Preliminary questions relating to the ownership and beneficial interest of the parties in three properties

Judges:

Colreridge J

Citations:

[2014] EWHC 2887 (Fam)

Links:

Bailii

Jurisdiction:

England and Wales

Citing:

See Also – AM v SS FD 21-Nov-2013
Application by a wife for a Legal Services Order in the course of heavily contested financial remedy proceedings. . .

Cited by:

See Also – AM v SS FD 31-Mar-2014
The court considered perennial and intractable problem of the proper weight to give to valuable resources which do not belong to one of the parties to the litigation but to e.g. a parent or family trust . .
Lists of cited by and citing cases may be incomplete.

Family, Land

Updated: 12 October 2022; Ref: scu.539785

AM v SS: FD 31 Mar 2014

The court considered perennial and intractable problem of the proper weight to give to valuable resources which do not belong to one of the parties to the litigation but to e.g. a parent or family trust

Judges:

Colerdige

Citations:

[2014] EWHC 865 (Fam)

Links:

Bailii

Jurisdiction:

England and Wales

Citing:

See Also – AM v SS FD 19-Mar-2014
Preliminary questions relating to the ownership and beneficial interest of the parties in three properties . .
See Also – AM v SS FD 21-Nov-2013
Application by a wife for a Legal Services Order in the course of heavily contested financial remedy proceedings. . .
Lists of cited by and citing cases may be incomplete.

Family

Updated: 12 October 2022; Ref: scu.539786