Results: 58

• Noble v Noble and Ellis (No 2)

  16 Jul 1963 [1964] P 250; [1964] 2 WLR 349; [1964] 1 All ER 577, PDA

  21 Feb 1964 (Note) [1964] P 250; [1964] 2 WLR 734; [1964] 1 All ER 769, CA

  Subsequent considerations : 1 neutral.
  HUSBAND AND WIFE — Co-respondent — Test of

  HUSBAND AND WIFE — Cruelty — Tests of
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  Case index catchwords

  HUSBAND AND WIFE — Co-respondent — Test of — Agreement between husband and co-respondent — Statement in nature of proof obtained — No intention to procure initiation or provide for any part of conduct of suit — Whether collusive bargain tainting husband's suit

  HUSBAND AND WIFE — Cruelty — Tests of — Gravity of conduct — “Cruel” means cruel — No esoteric or artificial meaning — Husband of retiring and submissive nature, silent and morose, with no interest in family life — Refusal to discuss money matters with wife — Whether conduct sufficient to constitute cruelty

  4 Case(s) considered
• Howarth v Howarth

  04 Jul 1963 [1961] P 6; [1964] P 6; [1963] 3 WLR 551; [1963] 3 All ER 164, CA

  Subsequent considerations : 1 neutral. Subsequent citations: 1.
  FRAUD — Fraud to court (discretion to refuse order) — Divorce

  HUSBAND AND WIFE — Divorce — Discretion
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  Case index catchwords

  FRAUD — Fraud to court (discretion to refuse order) — Divorce — Adultery denied — Finding of adultery based on an inference — No proof of perjury

  HUSBAND AND WIFE — Divorce — Discretion — Failure to pray for exercise — Denial of adultery by petitioner — Petitioner found to have committed adultery — Finding based on inference which might have been mistaken — Whether denial constituted perjury — Whether court a discretion to grant decree

  1 Case considered
• Head v Cox

  30 Oct 1963 [1964] P 228; [1964] 2 WLR 358; [1964] 1 All ER 776, PDA

  Subsequent considerations : 5 positive. Subsequent citations: 1.
  HUSBAND AND WIFE — Co-respondent — Discretion of court
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  Case index catchwords

  HUSBAND AND WIFE — Co-respondent — Discretion of court — Compromise of suit by agreement between counsel — Discretion of court to approve collusive agreement — Considerations relevant to exercise of discretion — Matrimonial Causes Act, 1950, s 4 (2) (as amended by Matrimonial Causes Act, 1963, s 4 (1))

  1 Statute considered

• Bomilly v Bomilly

  Subsequent citations: 4.
  HUSBAND AND WIFE — Maintenance — Enforcement
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  Case index catchwords

  HUSBAND AND WIFE — Maintenance — Enforcement — Sequestration — Use of husband's funds sequestered for separate contempt of court to pay off arrears of maintenance
• Mahadervan v Mahadervan

  21 Jun 1962 [1964] P 233; [1963] 2 WLR 271; [1962] 3 All ER 1108, DC

  Subsequent considerations : 1 negative. Subsequent citations: 6.
  CONFLICT OF LAWS — Evidence, rule of — Adjectival or substantive law

  HUSBAND AND WIFE — Marriage — Foreign marriage, validity

  PRESUMPTION — Legality — Marriage
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  Case index catchwords

  CONFLICT OF LAWS — Evidence, rule of — Adjectival or substantive law — Proof of marriage by certificate — Whether substantive or technical or procedural provision

  HUSBAND AND WIFE — Marriage — Foreign marriage, validity — Local requirements — Ceylon — Registration — Effect of — Presumption of validity — Marriages (General) Ordinance (Legislative Enactments of Ceylon, 1938 Rev, c 95), ss 22–25, 31, 33–35, 39

  PRESUMPTION — Legality — Marriage — Strong presumption rebuttable only by proof beyond reasonable doubt — Applicability to foreign marriage

  5 Case(s) considered

  1 Statute considered

  1 Overseas Enactment considered
• Young v Young

  23 May 1962 [1964] P 152; [1962] 3 WLR 946; [1962] 3 All ER 120, DC

  Subsequent considerations : 1 positive; 1 neutral. Subsequent citations: 5.
  HUSBAND AND WIFE — Desertion — Just cause

  HUSBAND AND WIFE — Maintenance — Wilful neglect to maintain
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  Case index catchwords

  HUSBAND AND WIFE — Desertion — Just cause — Cruelty, conduct less than — Whether conduct insufficiently grave to amount to cruelty can be relied on as just cause

  HUSBAND AND WIFE — Maintenance — Wilful neglect to maintain — Child — Wilful neglect to maintain child — Wife in desertion — Whether power to make order for maintenance of wife — Matrimonial Proceedings (Magistrates' Courts) Act, 1960, ss 1, 2

  9 Case(s) considered

  1 Statute considered
• Bramley Moore, The (Alexander Towing Co Ltd v Millet (Owners) and Egret (Owners))

  04 Apr 1963 [1964] P 200; [1963] 2 WLR 1389; [1963] 2 All ER 507; [1963] 1 Lloyd's Rep 304, PDA (Cairns J)

  27 Nov 1963 [1964] P 200; [1964] 2 WLR 259; [1964] 1 All ER 105; [1963] 2 Lloyd's Rep 429, CA

  Subsequent considerations : 1 positive. Subsequent citations: 2.
  SHIPPING — Limitation of liability — Tug and tow in collision
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  Case index catchwords

  SHIPPING — Limitation of liability — Tug and tow in collision — Different owners of tug and tow — Negligence by tug — Tow not negligent — Whether liability of tug based on tonnage of tug alone or of tug and tow — Merchant Shipping Act, 1894, s 503 — Merchant Shipping (Liability of Shipowners and Others) Act, 1958, s 3

  4 Case(s) considered

  2 Statutes considered

• Boothroyd v Boothroyd and Slater

  29 May 1963 [1964] P 82; [1964] 2 WLR 192; [1963] 3 All ER 747, Assizes

  HUSBAND AND WIFE — Adultery — Evidence
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  Case index catchwords

  HUSBAND AND WIFE — Adultery — Evidence — Cross-examination — Alleged adultery of respondent wife not put to her in chief — No denial of adultery when examined on behalf of co-respondent — Evidence given explaining equivocal acts as innocent — Whether equivalent to evidence in disproof of adultery — Admissibility — Matrimonial Causes Act, 1950, s 32 (3)

  1 Statute considered
• Owen v Owen

  23 Jan 1964 [1964] P 277; [1964] 2 WLR 654; [1964] 2 All ER 58, DC

  Subsequent considerations : 3 positive; 1 neutral. Subsequent citations: 4.
  HUSBAND AND WIFE — Divorce — Rehearing
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  Case index catchwords

  HUSBAND AND WIFE — Divorce — Rehearing — Jurisdiction of Divisional Court — Exercise — No error of law — Necessity for substantial grounds — Applicant to satisfy court decree contrary to justice of case — Material to be weighed against surrounding circumstances — Attempts at reconciliation by applicant — Decision not to defend taken after advice — Relevance of matrimonial history — Whether reasonable to suppose injustice done — Matrimonial Causes Rules, 1957, r 36 (1)

  1 Statutory Instrument considered
• Romilly v Romilly

  03 Dec 1962 [1964] P 22; [1963] 3 WLR 732; [1963] 3 All ER 607, PDA

  Subsequent considerations : 2 positive. Subsequent citations: 4.
  SEQUESTRATION — Contempt of court — Subsequent contempt
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  Case index catchwords

  SEQUESTRATION — Contempt of court — Subsequent contempt — Jurisdiction of court to order funds sequestered for one contempt to be used in respect of another

  1 Case considered