Results: 27

• In re Phelan, decd

  07 Jul 1971 [1972] Fam 33; [1971] 3 WLR 888; [1971] 2 All ER 1256, PDA

  Subsequent citations: 2.
  WILL — Mistake — Four wills executed
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  Case index catchwords

  WILL — Mistake — Four wills executed — Wills all executed with revocation clauses — Intention of testator — Testator's mistaken belief that stocks and shares to be bequeathed in separate wills — Court's power to admit wills to probate

  1 Case considered
• Qureshi v Qureshi

  30 Oct 1970 [1972] Fam 173; [1971] 2 WLR 518; [1971] 1 All ER 325, PDA

  Subsequent considerations : 1 neutral. Subsequent citations: 17.
  HUSBAND AND WIFE — Divorce — Foreign decree, recognition of
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  Case index catchwords

  HUSBAND AND WIFE — Divorce — Foreign decree, recognition of — Talaq divorce — Husband domiciled in Pakistan — Marriage celebrated in England — Both spouses resident in England — Jurisdiction of court to make declaration on validity of talaq — Whether talaq valid in English law — Whether non-forensic character of talaq relevant — Jurisdiction to adjudicate on dower rights — Court's discretion in recognising foreign decree — RSC, Ord 15, r 16

  6 Case(s) considered

  1 Statutory Instrument considered
• Santos v Santos

  16 Feb 1972 [1972] Fam 247; [1972] 2 WLR 889; [1972] 2 All ER 246, CA

  Subsequent considerations : 1 positive; 2 neutral. Subsequent citations: 15.
  HUSBAND AND WIFE — Divorce — “Living apart”
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  Case index catchwords

  HUSBAND AND WIFE — Divorce — “Living apart” — Physical separation — Wife returning to England — Husband remaining abroad — Three short visits to husband — Whether physical separation sufficient to constitute “living apart” — Whether additional mental element required — Whether need to communicate petitioner's recognition of breakdown to respondent — Divorce Reform Act 1969, s 2 (1) (d)

  1 Case considered

  1 Words & Phrases considered

  1 Statute considered
• Beales v Beales

  23 Feb 1972 [1972] Fam 210; [1972] 2 WLR 972; [1972] 2 All ER 667, Fam D

  Subsequent considerations : 1 neutral. Subsequent citations: 2.
  HUSBAND AND WIFE — Divorce — Costs
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  Case index catchwords

  HUSBAND AND WIFE — Divorce — Costs — Parties living apart for two years — Consent of respondent to decree conditional on no order for costs — Legally aided petitioner — Whether proper agreement — Whether agreement on costs required to be before court — Whether consent revocable — Divorce Reform Act 1969, ss 2 (1) (d), 7

  1 Case considered

  1 Statute considered
• In re St Gregory’s, Tredington

  28 Oct 1970 [1972] Fam 236; [1971] 2 WLR 796; [1971] 3 All ER 269, Arches Ct

  Subsequent considerations : 7 positive; 3 neutral. Subsequent citations: 24.
  ECCLESIASTICAL LAW — Faculty — Appeal

  ECCLESIASTICAL LAW — Faculty — Communion vessel

  ECCLESIASTICAL LAW — Faculty — Petition
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  Case index catchwords

  ECCLESIASTICAL LAW — Faculty — Appeal — Refusal of faculty by consistory court — Function of appellate court — Power of appellate court to substitute its discretion for that of lower court

  ECCLESIASTICAL LAW — Faculty — Communion vessel — Flagon formerly used as — Sale — Jurisdiction to authorise — Whether authorisation should be subject to protection from profane or secular use

  ECCLESIASTICAL LAW — Faculty — Petition — Unopposed suit — Duty of archdeacon in difficult cases — Faculty Jurisdiction Measure 1964, s 9

  3 Case(s) considered

  1 Statute considered

• Smallman v Smallman

  23 Jun 1971 [1972] Fam 25; [1971] 3 WLR 588; [1971] 3 All ER 717, CA

  Subsequent citations: 19.
  HUSBAND AND WIFE — Financial provision — Agreement
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  Case index catchwords

  HUSBAND AND WIFE — Financial provision — Agreement — Subject to “approval of the court” — Overall agreement on property and maintenance of children contained in solicitors' letters — Wife providing confession statement in reliance on agreement — Husband seeking to resile from terms before filing petition and seeking approval of court — Whether agreement binding

• Marsden v Marsden (1972)

  21 Mar 1972 [1972] Fam 280; [1972] 3 WLR 136; [1972] 2 All ER 1162, Fam D

  Subsequent citations: 2.
  BARRISTER — Authority to bind client — Compromise of action

  PRACTICE — Order — Setting aside
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  Case index catchwords

  BARRISTER — Authority to bind client — Compromise of action — Wife's counsel agreeing to order and giving undertakings on her behalf — Counsel acting contrary to express authority — Limitation of authority unknown to husband's counsel — Application to set aside order contemporaneous or before order perfected — Court's discretion to set aside

  PRACTICE — Order — Setting aside — Counsel consenting to order contrary to client's express authority — Court's power to set aside perfected order

  1 Case considered

• O’Brien v O’Brien and Smith

  18 Jun 1971 [1972] Fam 20; [1971] 3 WLR 816; [1973] 3 WLR 816; [1971] 3 All ER 254, PDA

  HUSBAND AND WIFE — Financial provision — Conduct of parties
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  Case index catchwords

  HUSBAND AND WIFE — Financial provision — Conduct of parties — Nominal order — Wife granted decree in undefended suit — Wife's application for periodical payments — Parties' financial position such that only nominal order likely to be made — Whether determination of issue of conduct to be determined or deferred to when financial position improved
• Pheasant v Pheasant

  10 Dec 1971 [1972] Fam 202; [1972] 2 WLR 353; [1972] 1 All ER 587, Fam D

  Subsequent considerations : 2 positive; 1 neutral; 1 negative. Subsequent citations: 5.
  HUSBAND AND WIFE — Divorce — Irretrievable breakdown of marriage

  HUSBAND AND WIFE — Divorce — Respondent's behaviour
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  Case index catchwords

  HUSBAND AND WIFE — Divorce — Irretrievable breakdown of marriage — Proof of breakdown — Date at which breakdown to be established

  HUSBAND AND WIFE — Divorce — Respondent's behaviour — Test to be applied — Lack of affection alleged by husband — Whether unreasonable to expect petitioner to live with respondent — Divorce Reform Act 1969, s 2 (1) (b)

  1 Case considered

  1 Statute considered

• Morss v Morss

  26 Jan 1972 [1972] Fam 264; [1972] 2 WLR 908; [1972] 1 All ER 1121, CA

  HUSBAND AND WIFE — Financial provision — Agreement
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  Case index catchwords

  HUSBAND AND WIFE — Financial provision — Agreement — Construction — Undertaking by husband in consent order to make house available for wife's “use” — Wife living elsewhere — House let by wife to friend — Whether life interest in house conferred on wife by undertaking — Whether husband to be discharged from undertaking

  1 Case considered