Results: 12

• Moore v Ball

  30 Jan 1984 [1984] Fam 41; [1984] 2 WLR 865; [1984] 2 All ER 237, DC

  AFFILIATION — Affiliation order — Variation
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  Case index catchwords

  AFFILIATION — Affiliation order — Variation — Direction that payments be made to Secretary of State — Secretary of State seeking variation of amount payable under order — Whether Secretary of State entitled to apply on “complaint” for variation of order — Supplementary Benefits Act 1976, s 19(5) — Magistrates' Courts Act 1980, s 60

  1 Words & Phrases considered

• Griffiths v Griffiths (1984)

  28 Feb 1984 [1984] Fam 70; [1984] 3 WLR 165; [1984] 2 All ER 626, CA

  Subsequent citations: 3.
  HUSBAND AND WIFE — Financial provision — Lump sum award
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  Case index catchwords

  HUSBAND AND WIFE — Financial provision — Lump sum award — Maintenance of children — Sale of matrimonial home after divorce — Husband's share of proceeds of sale not used to provide accommodation for self and new dependants — Husband unemployed — Whether his share part of his resources available for children

  1 Case considered

• Mitchell (formerly Puhlhofer) v Mitchell (formerly Puhlhofer)

  15 Jul 1983 [1984] Fam 1; [1983] 3 WLR 666; [1983] 3 All ER 621, CA

  Subsequent citations: 3.
  HUSBAND AND WIFE — Divorce — Special procedure
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  Case index catchwords

  HUSBAND AND WIFE — Divorce — Special procedure — Appeal — Undefended matrimonial causes — Registrar's certificate that petitioner entitled to decree — Respondent's application to postpone decree and set aside registrar's certificate — Registrar's refusal to set aside certificate — Whether court having jurisdiction to entertain appeal from registrar's refusal — Whether court to exercise discretion to grant leave to file answer out of time — Matrimonial Causes Rules 1977, rr 48(1)(2), 124

  5 Case(s) considered

  1 Statutory Instrument considered
• Simmons v Simmons

  12 Apr 1983 [1984] Fam 17; [1983] 3 WLR 818; [1984] 1 All ER 83, CA

  Subsequent considerations : 1 positive; 1 neutral. Subsequent citations: 3.
  LEGAL AID — Costs — Charge on property
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  Case index catchwords

  LEGAL AID — Costs — Charge on property — Divorce — Property adjustment order — Legally aided wife to receive sum from proceeds of sale of matrimonial home — Whether sum subject to statutory charge — Whether legal aid fund's costs payable forthwith — Whether charge on total amount recovered — Legal Aid Act 1974, s 9(6) — Legal Aid (General) Regulations 1980, regs 88, 91, 96(d) (as amended by Legal Aid (General) (Amendment) Regulations 1981)

  1 Statutory Instrument considered

• R v Birmingham Juvenile Court, Ex parte S (A Minor) (S (A Minor), Ex parte)

  15 Mar 1984 [1984] Fam 93; [1984] 3 WLR 387; [1984] 2 All ER 688; 83 LGR 105, Fam D

  CHILDREN AND YOUNG PERSONS — Care proceedings — “Member of the household”
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  Case index catchwords

  CHILDREN AND YOUNG PERSONS — Care proceedings — “Member of the household” — Children of same mother — Elder child in care — Younger child living with mother and his father in new accommodation — Whether both children members of household — Children and Young Persons Act 1969, s 1(2)(b)

  1 Case considered

  1 Words & Phrases considered

  1 Statute considered

• P v W (Access Order: Breach)

  14 Dec 1983 [1984] Fam 32; [1984] 2 WLR 439; [1984] 1 All ER 866, DC

  MINOR — Custody — Access
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  Case index catchwords

  MINOR — Custody — Access — Breakdown in arrangements for access — Father seeking to enforce order — Access resumed after short period — Whether mother in breach of order — Whether jurisdiction in justices to impose penalty — Magistrates' Courts Act 1980, s 63(3)

  2 Case(s) considered

• R v G (Surrey County Council intervening)

  05 Jun 1984 [1984] Fam 100; [1984] 3 WLR 667; [1984] 3 All ER 460, CA

  Subsequent citations: 1.
  MINOR — Custody — Care order
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  Case index catchwords

  MINOR — Custody — Care order — Custody order in father's favour — Children moving from one parent to another — Frequent litigation — Whether “exceptional circumstances” making it impracticable or undesirable to “entrust” children to either parent — Children committed to care of local authority — Local authority's proposal to place boy with father — Whether jurisdiction to make order — Matrimonial Causes Act 1973, s 43(1) (as amended by Child Care Act 1980, Sch 5, para 34)

  1 Case considered

  2 Words & Phrases considered

• Healey v Healey

  22 Jun 1984 [1984] Fam 111; [1984] 3 WLR 806; [1984] 3 All ER 1040, Fam D

  Subsequent citations: 1.
  HUSBAND AND WIFE — Divorce — Decree absolute
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  Case index catchwords

  HUSBAND AND WIFE — Divorce — Decree absolute — Validity — Child born between date of petition and decree nisi — Decree made absolute in absence of declaration as to child's welfare — Whether decree absolute valid — Matrimonial Causes Act 1973, s 41(1)(3)

  3 Case(s) considered
• Lewis (H) v Lewis (G)

  05 Mar 1984 [1984] Fam 79; [1984] 3 WLR 45; [1984] 2 All ER 497, CA

  09 May 1985 [1985] AC 828; [1985] 2 WLR 962; [1985] 2 All ER 449, HL(E)

  Subsequent considerations : 1 neutral. Subsequent citations: 5.
  HUSBAND AND WIFE — Property — Transfer of property

  STATUTE — Retroactive effect — Divorce
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  Case index catchwords

  HUSBAND AND WIFE — Property — Transfer of property — Retroactive effect of legislation — Statutory tenancy vesting in husband — Dissolution of marriage — Landlords seeking possession order against wife — Termination of tenancy — Wife's application to transfer tenancy after decree absolute — Whether statutory amendments to legislation having retrospective effect — Matrimonial Homes Act 1967, s 7, Sch 2, paras 1(1), 3(1) (as amended by Matrimonial Homes and Property Act 1981, s 6, Sch 2)

  STATUTE — Retroactive effect — Divorce — Transfer of property — Statutory tenancy — Whether provisions of new Act retrospective — Matrimonial Homes Act 1967, s 7, Sch 2, paras 1(1), 3(1) (as amended by Matrimonial Homes and Property Act 1981, s 6, Sch 2)

  5 Case(s) considered

  2 Statutes considered
• Davy-Chiesman v Davy-Chiesman

  18 Nov 1983 [1984] Fam 48; [1984] 2 WLR 291; [1984] 1 All ER 321, CA

  Subsequent considerations : 1 positive. Subsequent citations: 19.
  SOLICITOR — Costs — Personal liability
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  Case index catchwords

  SOLICITOR — Costs — Personal liability — Husband's application for financial provision from former wife — Grant of legal aid on counsel's opinion — Subsequent contradictory advice by counsel — Failure of solicitor to question counsel or to report matter to legal aid committee — Whether solicitor personally liable for costs of litigation — Whether solicitor protected from liability by reliance on counsel's advice — RSC, Ord 62, r 8

  3 Case(s) considered

  1 Statutory Instrument considered