Results: 17

• McCartney v McCartney

  21 Jul 1980 [1981] Fam 59; [1981] 2 WLR 184; [1981] 1 All ER 597, DC

  HUSBAND AND WIFE — Justices — Protection order
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  Case index catchwords

  HUSBAND AND WIFE — Justices — Protection order — Whether requirement of immediate danger — Finding that wife not in immediate danger of further assault — Refusal of justices to make order excluding husband from matrimonial home — Whether requirement that danger must be immediate before making order — Domestic Proceedings and Magistrates' Courts Act 1978, s 16(2)(3)

• In re St Mary’s, Warwick

  20 Dec 1980 [1981] Fam 170; [1981] 3 WLR 781, Const Ct

  Subsequent citations: 2.
  ECCLESIASTICAL LAW — Faculty — Parochial library
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  Case index catchwords

  ECCLESIASTICAL LAW — Faculty — Parochial library — Library in custody and care of university for 20 years — Petition for sale to university — Whether jurisdiction to authorise sale — Whether sale to be authorised — Parochial Libraries Act 1708, s 10 — Ecclesiastical Jurisdiction Measure 1963, s 6(1) — Faculty Jurisdiction Measure 1964, s 4(1)

  3 Statutes considered

• In re Jones, decd (1980)

  17 Jul 1980 [1981] Fam 7; [1981] 2 WLR 106; [1981] 1 All ER 1, Fam D

  WILL — Soldier's will — “In actual military service”
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  Case index catchwords

  WILL — Soldier's will — “In actual military service” — Soldier shot while on patrol in Northern Ireland — Oral declaration that personal effects to be given to fiancée — Whether nuncupative will to be admitted to probate — Wills Act 1837, s 11

  2 Case(s) considered

  1 Words & Phrases considered

  1 Statute considered
• In re JS (A Minor)

  22 Jan 1980 [1981] Fam 22; [1980] 3 WLR 984; [1980] 1 All ER 1061, CA

  Subsequent considerations : 2 negative. Subsequent citations: 5.
  MINOR — Ward of court — Jurisdiction
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  Case index catchwords

  MINOR — Ward of court — Jurisdiction — Paternity — Declaration as to paternity of child — Whether jurisdiction to grant bare declaration of paternity — Whether issue to be determined

  2 Case(s) considered
• Jelley v Iliffe

  16 Dec 1980 [1981] Fam 128; [1981] 2 WLR 801; [1981] 2 All ER 29, CA

  Subsequent considerations : 4 positive. Subsequent citations: 12.
  FAMILY PROVISION — Dependant — Maintained by deceased
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  Case index catchwords

  FAMILY PROVISION — Dependant — Maintained by deceased — Couple living as man and wife — Home owned by woman — Man decorating house, working in garden and contributing to household budget — Man claiming to be dependant — Application to strike out proceedings — Whether “substantial contribution” towards maintenance “otherwise than for full valuable consideration” — Inheritance (Provision for Family and Dependants) Act 1975, ss 1(1)(e)(3), 3(4)

  1 Case considered

  2 Words & Phrases considered

• In re Flenley

  08 Oct 1980 [1981] Fam 64; [1981] 2 WLR 488, CA

  ECCLESIASTICAL LAW — Benefice — Vacation of
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  Case index catchwords

  ECCLESIASTICAL LAW — Benefice — Vacation of — Declaration of avoidance following breakdown of pastoral relationship — Incumbent claiming compensation for loss of stipend — Relevant retirement age for assessing such compensation — Pastoral Measure 1968, Sch 4, para 12 — Incumbents (Vacation of Benefices) Measure 1977, s 13(1)(b)

  1 Statute considered

• W v A (Minor: Surname)

  24 Jul 1980 [1981] Fam 14; [1981] 2 WLR 124; [1981] 1 All ER 100, CA

  Subsequent citations: 2.
  MINOR — Custody — Change of surname
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  Case index catchwords

  MINOR — Custody — Change of surname — Custody of children with mother — Mother remarrying and seeking leave to take children out of jurisdiction — Leave granted on condition that children continue to use father's surname — Principles applicable when considering change of surname — Guardianship of Minors Act 1971, s 1

  2 Case(s) considered

• Foley v Foley

  18 May 1981 [1981] Fam 160; [1981] 3 WLR 284; [1981] 2 All ER 857, CA

  HUSBAND AND WIFE — Financial provision — Duration of marriage
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  Case index catchwords

  HUSBAND AND WIFE — Financial provision — Duration of marriage — Cohabitation before marriage — Whether judge entitled to differentiate between cohabitation and marriage — Weight to be given to matters occurring during respective periods — Matrimonial Causes Act 1973, s 25(1)

  2 Case(s) considered
• Purse v Purse

  19 Dec 1980 [1981] Fam 143; [1981] 2 WLR 759; [1981] 2 All ER 465, CA

  Subsequent considerations : 1 neutral. Subsequent citations: 5.
  HUSBAND AND WIFE — Divorce — Decree absolute

  HUSBAND AND WIFE — Divorce — Petition
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  Case index catchwords

  HUSBAND AND WIFE — Divorce — Decree absolute — Death of party — Decree voidable — Death of petitioner — Jurisdiction of Court of Appeal to set aside decrees absolute and nisi

  HUSBAND AND WIFE — Divorce — Petition — Dispensing with service — Insufficient inquiries to discover respondent's whereabouts — Whether irregularity rendering subsequent decrees nisi and absolute voidable — Discretion to set aside after petitioner's death — Matrimonial Causes Rules 1977, r 14

  4 Case(s) considered

  1 Statutory Instrument considered
• Dipper v Dipper

  05 Mar 1980 [1981] Fam 31; [1980] 3 WLR 626; [1980] 2 All ER 722, CA

  Subsequent considerations : 1 neutral. Subsequent citations: 9.
  HUSBAND AND WIFE — Divorce — Children

  HUSBAND AND WIFE — Financial provision — Dismissal of claim
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  Case index catchwords

  HUSBAND AND WIFE — Divorce — Children — Custody to one parent, care and control to other — Rights of non-custodial parent over children's upbringing — Whether joint custody order applicable

  HUSBAND AND WIFE — Financial provision — Dismissal of claim — Absence of consent — Dismissal of wife's claim for periodical payments — Whether court having jurisdiction to dismiss claim without her consent — Form of orders to be made when considering financial provision — Matrimonial Causes Act 1973, s 23 (1)

  HUSBAND AND WIFE — Financial provision — Dismissal of claim — Absence of consent — Dismissal of wife's claim for periodical payments — Whether court having jurisdiction to dismiss claim without her consent — Form of orders to be made when considering financial provision — Matrimonial Causes Act 1973, s 23(1)

  6 Case(s) considered

  1 Statute considered