Results: 14

• Ikimi v Ikimi

  16 Oct 2000 [2001] 1 FLR 913, Fam D (Coleridge J)

  13 Jun 2001 [2001] EWCA Civ 873; [2002] Fam 72; [2001] 3 WLR 672; [2001] 2 FLR 1288, CA

  Subsequent citations: 12.
  HUSBAND AND WIFE — Divorce — Jurisdiction
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  Case index catchwords

  HUSBAND AND WIFE — Divorce — Jurisdiction — Habitual residence — Matrimonial homes of equal status in United Kingdom and Nigeria — Whether petitioner “habitually resident” in England and Wales — Domicile and Matrimonial Proceedings Act 1973, s 5(2)

  2 Case(s) considered

  1 Words & Phrases considered

  1 Statute considered
• Bellinger v Bellinger

  17 Jul 2001 (Attorney General intervening) [2001] EWCA Civ 1140; [2002] Fam 150; [2002] 2 WLR 411; [2002] 1 All ER 311; [2001] 2 FLR 1048, CA

  10 Apr 2003 (Lord Chancellor intervening) [2003] UKHL 21; [2003] 2 AC 467; [2003] 2 WLR 1174; [2003] 2 All ER 593; [2003] 1 FLR 1043, HL(E)

  Subsequent considerations : 1 positive; 2 neutral; 1 negative. Subsequent citations: 61.
  HUSBAND AND WIFE — Nullity — Capacity to marry
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  Case index catchwords

  HUSBAND AND WIFE — Nullity — Capacity to marry — Gender — Wife correctly registered as male at birth — Thereafter living as female and undergoing gender reassignment surgery — Wife seeking declaration of validity of marriage — Whether female or male for purposes of marriage — Whether violations of right to respect for private and family life and right to marry — Matrimonial Causes Act 1973, s 11(c) — Human Rights Act 1998, s 4, Sch 1, Pt I, arts 8, 12

  5 Case(s) considered

  2 Statutes considered

• Rampal v Rampal (No 2)

  27 Jun 2001 [2001] EWCA Civ 989; [2002] Fam 85; [2001] 3 WLR 795; [2001] 2 FLR 1179, CA

  Subsequent citations: 7.
  HUSBAND AND WIFE — Financial provision — Conduct of parties
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  Case index catchwords

  HUSBAND AND WIFE — Financial provision — Conduct of parties — Void marriage — Grant of decree of nullity on ground of bigamy — Whether claim for ancillary relief precluded on ground of public policy — Matrimonial Causes Act 1973, s 25(2)(g) (as substituted by Matrimonial and Family Proceedings Act 1984, s 3)

  3 Case(s) considered

  1 Statute considered
• Cowan v Cowan

  14 May 2001 [2001] EWCA Civ 679; [2002] Fam 97; [2001] 3 WLR 684; [2001] 2 FLR 192, CA (Thorpe, Robert Walker and Mance LJJ)

  19 Nov 2001 (pet dis) [2001] 1 WLR 2287, HL(E)

  Subsequent considerations : 1 negative. Subsequent citations: 26.
  HUSBAND AND WIFE — Financial provision — Lump sum award
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  Case index catchwords

  HUSBAND AND WIFE — Financial provision — Lump sum award — Means of parties — Family business built up over long period of marriage — Husband's exceptional entrepreneurial skill — Wife's reasonable requirements no longer relevant criterion — Calculation of effect of equal division as check against discrimination — Matrimonial Causes Act 1973, s 25 (as substituted by Matrimonial and Family Proceedings Act 1984, s 3)

  2 Case(s) considered

  1 Statute considered

• C v C (Privilege: Criminal Communications)

  08 Mar 2001 [2001] EWCA Civ 469; [2002] Fam 42; [2001] 3 WLR 446; [2001] 2 FLR 184, CA

  EVIDENCE — Privilege — Legal professional privilege
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  Case index catchwords

  EVIDENCE — Privilege — Legal professional privilege — Telephone conversations between solicitor and client in matrimonial proceedings — Client making threatening and abusive remarks in course of conversations — Solicitor's affidavit in support of application to be removed from record in client's matrimonial proceedings disclosing content of conversations — Affidavit inadvertently sent to client's wife's solicitors — Wife seeking to adduce affidavit in evidence — Whether communications criminal in themselves — Whether aim of communications obtaining of appropriate legal advice — Whether protected by legal professional privilege — Telecommunications Act 1984, s 43(1)(a) (as amended by Criminal Justice and Public Order Act 1994, s 92(1))

  1 Case considered

  1 Statute considered

• Harris v Harris

  21 Jun 2001 [2001] Fam 502; [2001] 3 WLR 765; [2001] 2 FLR 955, Fam D (Munby J)

  08 Nov 2001 [2001] EWCA Civ 1645; [2002] Fam 253; [2002] 2 WLR 747; [2002] 1 All ER 185; [2002] 1 FLR 248, CA

  Subsequent citations: 5.
  CONTEMPT OF COURT — Sentence — Civil contempt
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  Case index catchwords

  CONTEMPT OF COURT — Sentence — Civil contempt — Suspension of sentence — Applicant committed for ten months' imprisonment after repeated breaches of order — Application to purge contempt after three months — Whether jurisdiction to order discharge on terms that remainder of term be suspended

  3 Case(s) considered
• In re Holy Cross, Pershore

  15 Sep 2000 [2002] Fam 1; [2001] 3 WLR 1521, Const Ct

  Subsequent considerations : 1 positive. Subsequent citations: 11.
  ECCLESIASTICAL LAW — Faculty — Reordering of church interior
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  Case index catchwords

  ECCLESIASTICAL LAW — Faculty — Reordering of church interior — Listed building — Proposal to replace pews with chairs — Many objections from local people not worshipping in church or living in parish — Whether evidence from such objectors to be admitted — Whether removal of pews necessary in whole or in part — Whether adverse effect on character of building — Relevance of pastoral consequences of proposal — Whether requirement to secure full access for disabled persons — Disability Discrimination Act 1995, ss 19(1), 21 — Disability Discrimination (Services and Premises) Regulations 1999, reg 3

  3 Case(s) considered

  1 Statute considered

  1 Statutory Instrument considered

• In re Christ Church, Waltham Cross

  20 May 2001 [2002] Fam 51; [2001] 3 WLR 1481, Const Ct

  Subsequent citations: 1.
  ECCLESIASTICAL LAW — Faculty — Stations of the Cross
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  Case index catchwords

  ECCLESIASTICAL LAW — Faculty — Stations of the Cross — Introduction of scriptural and non-scriptural stations depicted against contemporary background — Whether lawful — Whether faculty to be granted

  4 Case(s) considered

• Tameside Metropolitan Borough Council v Grant

  17 Sep 2001 [2002] Fam 194; [2002] 2 WLR 376; [2002] 1 FLR 318, Fam D

  Subsequent citations: 3.
  CHILDREN — Child minder — Registration of child minders

  CHILDREN — Family proceedings court — Composition
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  Case index catchwords

  CHILDREN — Child minder — Registration of child minders — Appeal against local authority decision to cancel registration — Whether justices required to hear matter de novo — Children Act 1989, s 77(6)

  CHILDREN — Family proceedings court — Composition — Unqualified justice included in composition of court — Whether court not tribunal “established by law” — Whether decision to be set aside — Magistrates' Courts Act 1980 (as amended by Access to Justice Act 1999, s 78(2), Sch 11, paras 27, 28), ss 65, 66, 67 — Human Rights Act 1998, Sch 1, Pt I, art 6

  3 Case(s) considered

  1 Words & Phrases considered

  3 Statutes considered
• In re Blagdon Cemetery

  16 Apr 2002 [2002] Fam 299; [2002] 3 WLR 603; [2002] 4 All ER 482, Arches Ct

  Subsequent considerations : 6 positive; 4 neutral; 1 negative. Subsequent citations: 42.
  ECCLESIASTICAL LAW — Faculty — Churchyard
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  Case index catchwords

  ECCLESIASTICAL LAW — Faculty — Churchyard — Disinterment — Burial following sudden and unexpected death — Deceased's parents having no permanent home at time of burial — Parents settling in retirement and purchasing family burial plot — Whether exceptional circumstances established for granting faculty for exhumation and reburial in family grave — Factors to be considered — Whether refusal of faculty interference with petitioners' Convention rights — Human Rights Act 1998, Sch 1, Pt I, art 8

  1 Case considered

  1 Statute considered