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These cases are from the lawindexpro database. They are now being transferred to the swarb.co.uk website in a better form. As a case is published there, an entry here will link to it. The swarb.co.uk site includes many later cases.  















Family - From: 1998 To: 1998

This page lists 35 cases, and was prepared on 02 April 2018.

 
Zakay v Zakay [1998] 3 FCR 35
1998

Schofield CJ
Commonwealth, Family, Litigation Practice
In financial proceedings in England following divorce the wife alleged – and the husband denied – that he was the beneficial owner of shares held by a Gibraltarian trust company. The English court had ordered the issue of a letter of request to the Gibraltarian court that an officer of the trust company be required both to give oral evidence identifying the beneficial owner of the shares and to produce all documents in relation to such ownership. The officer sought to set aside an order in Gibraltar which had in both respects given effect to the request. The chief justice had to apply provisions of Gibraltar's Evidence Ordinance Held: He refused to set aside the order: "… the documents requested for production in this case are narrowly confined to the single issue they are aimed to support. The documents are more than likely in the possession of the applicant and are readily identifiable. Of course, it is impossible for the petitioner to know the specific identity of individual documents. But the applicant is being asked a specific question and is being asked to produce the documents to prove his answers. That is not a fishing expedition in the sense of casting a line in the hope that something will be caught: the fish has been identified and the court is endeavouring to spear it."
1 Citers


 
Rees v Newbery and Institute of Cancer Research [1998] 1 FLR 1041
1998


Wills and Probate, Family
The applicant held a tenancy of the deceased, but claimed nevertheless under the Act as a dependent. Held: If as in this case there was a close personal friendship, and a proven wish by the deceased to contribute substantially to the applicant's maintenance, the existence of a tenancy agreement would not be fatal to a claim.
Inheritance (Provision for Family and Dependants) Act 1975 1(1)(e)

 
Dinkevich v Shpizman [1998] EWCA Civ 62
23 Jan 1998
CA

Family
Renewed application for leave to appeal against ancillary relief order.
[ Bailii ]
 
Regina v Justices of Luton Family Proceedings Court; Her Honour Judge Pearce Luton County Court and Director of Social Services Bedfordshire Cou [1998] EWCA Civ 80
27 Jan 1998
CA

Family

Supreme Court Act 1981 51
[ Bailii ]
 
Fuller v Austen [1998] EWCA Civ 304
19 Feb 1998
CA

Family

[ Bailii ]
 
Matin v Ruqia Khatun Matin [1998] EWCA Civ 374
2 Mar 1998
CA

Family

[ Bailii ]
 
Runi Khatun v Mohammed Abul Fayez [1998] EWCA Civ 378
2 Mar 1998
CA

Family, Children
Contact arrangements.
[ Bailii ]

 
 Cotterrill v Cotterrill; CA 4-Mar-1998 - [1998] EWCA Civ 395
 
Louise Marie Bodie v Richard Anthony Bodie [1998] EWCA Civ 424
9 Mar 1998
CA
Lord Justice Peter Gibson Lord Justice Thorpe
Family
The wife appealed an interim order made in ancillary proceedings by a district judge. Bitter proceedings still required to be concluded. Unfortunately the only way of achieving swift finality was for the matter to be listed early before a judge in the family division. The parties' representatives must be careful not to allow costs to spiral.
[ Bailii ]
 
W v W (Decree Absolute) Times, 31 March 1998
31 Mar 1998
FD
Bracewell J
Family
The parties, foreign nationals, had married abroad. The came to live here, but H returned in 1996. W sought to pre-empt proceedings abroad by divorcing here getting a decree nisi. She began ancillary relief proceedings, and was awarded maintenance pending suit which was paid, but H failed to co-operate with the ancillary relief application beyond denying that he had capital assets. He gave various undertakings to the court which he did not comply with. He then obtained a religious decree of divorce in New York with a view to remarrying there. He was shown to have flown to New York on Concorde. He requested the court to grant the decree absolute, and W resisted saying that this would make her ancillary relief application more difficult. Held: W's appeal was allowed. A court has a discretion to withhold a decree absolute and will in rare circumstances use it where there had been shown a clear detriment in implementing an ancillary relief order. H here had already demonstrated his readiness to obstruct the ancillary relief application. It would not normally be sufficient simply to rely on enforcement difficulties because a party lived abroad.
Matrimonial Causes Act 1973 9(2)

 
Stephanie Waugh v Andrew James Stewart [1998] EWCA Civ 611
2 Apr 1998
CA

Contempt of Court, Family

[ Bailii ]
 
Middleton v Middleton [1998] EWCA Civ 658
7 Apr 1998
CA

Family

[ Bailii ]
 
T v T (Pensions Ear-Marking) Gazette, 20 May 1998
20 May 1998
FD

Family
Judge did not make pensions ear-marking order based on transfer value. Provision for divorced spouse could be kept alive by judge refusing to dismiss claim under Inheritance Act.
Matrimonial Causes Act 1973

 
Lyons v Lyons [1998] EWCA Civ 918
5 Jun 1998
CA

Family, Contempt of Court
Husband's appeal against finding that he was in contempt of court.
[ Bailii ]
 
Andrew Fryzicki v Neil Shaw [1998] EWCA Civ 963
11 Jun 1998
CA

Family
Application to vary order made by consent.
[ Bailii ]
 
Pamela Rosemary White v Martin Edward John White [1998] EWCA Civ 1046
19 Jun 1998
CA

Family

[ Bailii ]
 
Tibbs and Tibbs v Beresford Webb and others (2) [1998] EWCA Civ 1090
25 Jun 1998
CA

Wills and Probate, Family

Inheritance (Provision for Family and Dependants) Act 1975
[ Bailii ]
 
Middleton v Middleton [1998] EWCA Civ 1093
25 Jun 1998
CA

Family

[ Bailii ]
 
Regina v R (Inland Revenue: Tax Evasion) Gazette, 01 July 1998; [1998] 1 FLR 922
1 Jul 1998
FD

Family, Taxes Management
The court declined to order the return by the Inland Revenue of documents disclosed to it regarding a husband's failure to disclose income, where the disclosure was recent and tax payable could affected the order. The wife's wrongful behaviour in maing the disclosure was to be reflected in court order.
1 Citers


 
Adrienne Coster v Hugh Gervase Coster [1998] EWCA Civ 1152
6 Jul 1998
CA

Family

[ Bailii ]
 
White v White Times, 13 July 1998
13 Jul 1998
CA

Family
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.
Matrimonial Causes Act 1973 23

 
Aysha Ahmad v Tufail Ahmad [1998] EWCA Civ 1246; (1999) 1 FLR
21 Jul 1998
CA

Family

1 Citers

[ Bailii ]
 
Kate Browne v John Kenneth Browne [1998] EWCA Civ 1313
28 Jul 1998
CA

Family

[ Bailii ]

 
 Newlon Housing Trust v Alsulaimen and Another; HL 29-Jul-1998 - Times, 20 August 1998; Gazette, 16 September 1998; [1998] UKHL 35; [1999] 1 AC 313; [1998] 4 All ER 1; [1998] 3 WLR 451
 
Sheffield and Horsham v The United Kingdom Times, 04 September 1998; 22985/93; 23390/94; (1998) 27 EHRR 163; 22985/93; [1998] ECHR 69; 23390/94
30 Jul 1998
ECHR

Human Rights, Family, Administrative
It is within a nation's margin of appreciation to refuse to re-register birth details of people who had undergone sex-changes. Similarly it was not a human rights infringement not to allow post operative trans-sexuals to marry. However the court was critical of the United Kingdom's apparent failure to take any steps to keep this area of the law under review. There is, the court said, an increased social acceptance of trans-sexualism and an increased recognition of the problems which post-operative transsexual people encounter. The court reiterated that this area 'needs to be kept under review by Contracting States'
Hudoc No violation of Art. 8; No violation of Art. 12; No violation of Art. 14+8; Not necessary to examine Art. 13
European Convention on Human Rights Art 8, 12
1 Cites

1 Citers

[ Bailii ]
 
N v R (Non-Molestation Order: Breach) Gazette, 09 September 1998
9 Sep 1998
CA

Family
Court of Appeal again felt justified in substituting immediate for suspended term of imprisonment where defendant in flagrant breach of domestic violence non-molestation order.
1 Cites


 
David Johannes Scheeres v Lorraine Constance Ann Scheeres Gazette, 18 November 1998; [1998] EWCA Civ 1451
23 Sep 1998
CA

Family
A husband earning £41,000 per year had been ordered to pay maintenance to his wife at £18,000pa and for children at £7956pa reduced to half his earnings at £1,000 per month. There is a need always to judge the award against s25 checklist. Adjusted approach was conventional.
Matrimonial Causes Act 1973 25
[ Bailii ]

 
 D v P (Forum Conveniens); FD 7-Oct-1998 - Gazette, 07 October 1998; [1998] 2 FLR 25

 
 Dina Ahmed Nagib Ismail v Ahmed Hussein Ahmed Ismail; CA 7-Oct-1998 - [1998] EWCA Civ 1498
 
Scullard v Scullard [1998] EWCA Civ 1721
6 Nov 1998
CA

Family

[ Bailii ]

 
 X v Dempster; FD 9-Nov-1998 - [1999] 1 FLR 894
 
Archer v Archer Times, 23 November 1998
23 Nov 1998
CA

Family
Where W had substantial capital assets, but little income, and the husband's position was the reverse, it was not open to her to plead that a divorce should be refused on the grounds of exceptional hardship. Loss of pension in this case was insufficient.
Matrimonial Causes Act 1973 5

 
Lady Cynthia Ross Corrington Jaffray v Sir William Otho Jaffray [1998] EWCA Civ 1868
27 Nov 1998
CA

Family

[ Bailii ]
 
Hobhouse v Hobhouse [1998] EWCA Civ 1970
8 Dec 1998
CA

Family

[ Bailii ]

 
 Xydhias v Xydhias; CA 21-Dec-1998 - Times, 13 January 1999; Gazette, 10 February 1999; Gazette, 27 January 1999; [1998] EWCA Civ 1966; [1999] 2 All ER 386; [1999] 1 FLR 683
 
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