Lord Denning MR said: ‘the jurisdiction of the court over family assets under section 17 is entirely discretionary. Its discretion transcends all rights, legal or equitable, and enables the Court to make such order as it thinks fit. This means, as I understand it, that the Court is entitled to make such order as appears to be fair and just in all the circumstances of the case.’
Judges:
Lord Denning MR
Citations:
[1962] 1 WLR 1124
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 . .
Lists of cited by and citing cases may be incomplete.
Trusts, Family
Updated: 04 May 2022; Ref: scu.251498