Results: 48

• In the Estate of Weiss, decd

  21 Dec 1961 [1962] P 136; [1962] 2 WLR 353; [1962] 1 All ER 368, PDA

  EXECUTOR AND ADMINISTRATOR — Administrator — Attorney of foreign administrator
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  Case index catchwords

  EXECUTOR AND ADMINISTRATOR — Administrator — Attorney of foreign administrator — Transfer of assets to nominee of foreign administrator — Whether breach of administration bond — Supreme Court of Judicature (Consolidation) Act, 1925, s 167 (4)

  1 Case considered

  1 Statute considered

• Wilkinson v Wilkinson

  07 Jun 1961 [1962] P 37; [1961] 3 WLR 297; [1961] 2 All ER 949, PDA

  23 Feb 1962 [1963] P 1; [1962] 3 WLR 1; [1962] 1 All ER 922, CA

  Subsequent citations: 5.
  HUSBAND AND WIFE — Judicial separation — “Absence” of respondent

  SOLICITOR — Costs — Personal liability
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  Case index catchwords

  HUSBAND AND WIFE — Judicial separation — “Absence” of respondent — Appearance — Physical absence — Decree made in absence of husband — Petition for reversal — Matrimonial Causes Act, 1950, s 14 (3)

  SOLICITOR — Costs — Personal liability — Issue improperly fought — Court's jurisdiction to order solicitor to pay costs — Whether compensatory or punitive — Oppressive conduct

  4 Case(s) considered

  1 Words & Phrases considered

  1 Statute considered
• Slater v Slater

  20 Jul 1960 [1962] P 94; [1961] 2 WLR 685; [1960] 3 All ER 217, CA (Hodson, Pearce and Upjohn L.JJ.)

  Subsequent considerations : 1 negative. Subsequent citations: 1.
  HUSBAND AND WIFE — Alimony pending suit — Quantum
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  Case index catchwords

  HUSBAND AND WIFE — Alimony pending suit — Quantum — National assistance for wife — Court entitled to ignore benefit — Natural course

  1 Case considered
• Naylor v Naylor

  27 Feb 1961 [1962] P 253; [1961] 2 WLR 751; [1961] 2 All ER 129, DC

  Subsequent considerations : 1 neutral. Subsequent citations: 1.
  HUSBAND AND WIFE — Maintenance — Wilful neglect to maintain
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  Case index catchwords

  HUSBAND AND WIFE — Maintenance — Wilful neglect to maintain — Residence together of parties — Spouses residing in same house but living separately — Whether deserting wife entitled to order for wilful neglect of herself or children — Summary Jurisdiction (Married Women) Act, 1895, ss 4, 6 — Summary Jurisdiction (Separation and Maintenance) Act, 1925, s 1 (4)

  6 Case(s) considered

  2 Statutes considered
• Lazarewicz (orse Fadanelli) v Lazarewicz

  21 Dec 1961 [1962] P 171; [1962] 2 WLR 933; [1962] 2 All ER 5, PDA

  Subsequent considerations : 1 neutral; 1 negative.
  HUSBAND AND WIFE — Marriage — Foreign marriage, validity
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  Case index catchwords

  HUSBAND AND WIFE — Marriage — Foreign marriage, validity — Common law marriage — Formalities not in compliance with lex loci celebrationis — Husband member of Polish armed forces — Wife Italian national — Ceremony performed by civilian priest in civilian refugee camp — Deliberate submission to local law — Whether common law marriage

  1 Case considered
• Young v Young (No 2)

  06 Oct 1961 [1962] P 218; [1961] 3 WLR 1041; [1961] 3 All ER 793, PDA

  Subsequent considerations : 1 positive; 1 neutral. Subsequent citations: 7.
  HUSBAND AND WIFE — Maintenance — Divorce
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  Case index catchwords

  HUSBAND AND WIFE — Maintenance — Divorce — Modification order — Remarriage of wife not disclosed — Whether court has jurisdiction to order repayment of maintenance paid since remarriage — Meaning of “vary” — Matrimonial Causes Act, 1950, s 28

  1 Case considered

  1 Words & Phrases considered

  1 Statute considered
• Cook v Cook (Settlement: Variation)

  21 Dec 1961 [1962] P 181; [1962] 2 WLR 963; [1962] 2 All ER 262, PDA

  21 May 1962 [1962] P 235; [1962] 3 WLR 441; [1962] 2 All ER 811, CA

  Subsequent considerations : 1 negative. Subsequent citations: 4.
  HUSBAND AND WIFE — Settlement — Variation
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  Case index catchwords

  HUSBAND AND WIFE — Settlement — Variation — Meaning of “settlement” — Purchase of house for matrimonial home — Conveyance in name of husband only — Wife contributing towards purchase price — Whether a post-nuptial settlement — Matrimonial Causes Act, 1950, s 25 — Settled Land Act, 1925, s 117 (1) — Law of Property Act, 1925, s 205 (1)

  2 Case(s) considered

  1 Words & Phrases considered
• Kassim (orse Widmann) v Kassim (orse Hassim) (Carl and Dickson cited)

  27 Jul 1962 [1962] P 224; [1962] 3 WLR 865; [1962] 3 All ER 426, PDA

  Subsequent considerations : 1 positive; 1 neutral. Subsequent citations: 13.
  HUSBAND AND WIFE — Marriage — Mistake

  HUSBAND AND WIFE — Marriage — Polygamous system

  PRACTICE — Declaratory judgment — Nullity
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  Case index catchwords

  HUSBAND AND WIFE — Marriage — Mistake — Mistake as to nature of ceremony — Monogamous marriage believed to be polygamous — Whether consent vitiated

  HUSBAND AND WIFE — Marriage — Polygamous system — Effect of polygamous marriage — Mistake as to effect — Monogamous marriage believed polygamous

  PRACTICE — Declaratory judgment — Nullity — Marriage void ab initio — Declaratory judgment not an alternative to decree of nullity — RSC, Ord 25, r 5

  1 Statutory Instrument considered

• S v S (O orse P intervening; B cited)

  09 Jun 1961 [1962] P 133; [1961] 3 WLR 742; [1961] 3 All ER 133, PDA

  HUSBAND AND WIFE — Adultery — Insanity as defence
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  Case index catchwords

  HUSBAND AND WIFE — Adultery — Insanity as defence — Divorce — M'Naughten Rules — Applicability as defence

  1 Case considered
• L v L (Divorce: Maintenance)

  27 Jun 1961 [1962] P 101; [1961] 3 WLR 544; [1961] 3 All ER 20, PDA (Marshall J)

  23 Oct 1961 [1962] P 101; [1961] 3 WLR 1182; [1961] 3 All ER 834, CA

  Subsequent considerations : 2 positive; 3 neutral; 1 negative. Subsequent citations: 18.
  HUSBAND AND WIFE — Maintenance — Divorce

  PRACTICE — Consent summons — Effect
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  Case index catchwords

  HUSBAND AND WIFE — Maintenance — Divorce — Settlement — Successive applications — Consent summons — Wife's prayer for maintenance dismissed on lump sum payment by husband — Agreement sanctioned by the court — New Act enlarging time during which power of court to order maintenance exercisable — Subsequent application by wife — Jurisdiction of court — Matrimonial Causes (Property and Maintenance) Act, 1958, s 1

  PRACTICE — Consent summons — Effect — Divorce — Wife's prayer for maintenance dismissed on lump sum payment by husband — Subsequent application for maintenance — Whether sanction of court to agreement mere formality

  6 Case(s) considered

  1 Statute considered