Results: 57

• Blyth v Blyth and Pugh

  04 Apr 1963 [1963] P 411; [1965] P 411; [1965] 3 WLR 365; [1965] 2 All ER 817, CA

  Subsequent considerations : 1 negative. Subsequent citations: 17.
  HUSBAND AND WIFE — Condonation — Evidence

  HUSBAND AND WIFE — Condonation — Sexual intercourse as

  STATUTE — Retroactive effect — Divorce
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  Case index catchwords

  HUSBAND AND WIFE — Condonation — Evidence — Burden of proof — Wife's adultery — Isolated act of marital intercourse without resumption of cohabitation — Evidence by husband that he did not intend to condone adultery — Divorce petition delayed because of reconciliation hope — Whether court “satisfied” that uncondoned adultery committed — Whether husband's evidence “sufficient to negative necessary intent” — “Satisfied” — Matrimonial Causes Act, 1950, s 4 (2) — Matrimonial Causes Act, 1963, s 1

  HUSBAND AND WIFE — Condonation — Sexual intercourse as — Husband, by — Transitional effect of new Act — Wife's adultery — Terminated by wife without resumption of cohabitation — Isolated act of marital intercourse before July 31, 1963 — Whether husband's evidence admissible to negative presumption of condonation — Matrimonial Causes Act, 1963, s 1

  STATUTE — Retroactive effect — Divorce — Condonation of adultery by act of intercourse — New Act providing that presumption of condonation may be rebutted — Whether procedural matter — Matrimonial Causes Act, 1963, s 1

  4 Case(s) considered

  2 Words & Phrases considered

  4 Statutes considered
• The Merak

  28 Jul 1964 [1965] P 223; [1965] 2 WLR 250; [1964] 3 All ER 638; [1964] 2 Lloyd's Rep 283, PDA (Scarman J)

  02 Dec 1964 [1965] P 223; [1965] 2 WLR 250; [1965] 1 All ER 230; [1964] 2 Lloyd's Rep 527, CA (Sellers, Davies and Russell L.JJ)

  Subsequent considerations : 3 positive; 2 neutral; 1 negative. Subsequent citations: 22.
  ARBITRATION — Stay of judicial proceedings — Bill of lading

  CONTRACT — Construction — Incorporation

  CONTRACT — Construction — Repugnancy

  SHIPPING — Bill of lading — Incorporation clause

  SHIPPING — Bill of lading — Time bar

  STATUTE — Construction — International convention
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  Case index catchwords

  ARBITRATION — Stay of judicial proceedings — Bill of lading — Subject to Hague Rules — General arbitration clause incorporated — Damage to cargo — Issue of writ against carrier — Time for arbitration expired — Whether carrier entitled to stay

  CONTRACT — Construction — Incorporation — Whether arbitration clause in charterparty incorporated in bill of lading — Principles applicable

  CONTRACT — Construction — Repugnancy — Falsa demonstratio non nocet cum de corpore constat — Absence of corpus evident — Whether maxim applicable — “Clause 30” referred to in document in error for “clause 32”

  SHIPPING — Bill of lading — Incorporation clause — Mistake — Clause incorporating all terms and conditions of charterparty “(including clause 30)” — Clause 30 irrelevant to bill of lading — Inserted in mistake for arbitration clause 32 — Arbitration clause expressly applicable to disputes arising out of bills of lading — Whether effectively incorporated — Doctrine of falsa demonstratio — Whether applicable

  SHIPPING — Bill of lading — Time bar — Hague Rules — To be interpreted widely — “Suit” — Meaning of — Whether including arbitration — Hague Rules (as applied by Carriage of Goods by Sea Act, 1924), Sch, art III, r 6

  STATUTE — Construction — International convention — Statute based on Hague Rules — Meaning of word — Whether “suit” includes arbitration

  4 Case(s) considered

  1 Words & Phrases considered

  1 Statute considered
• The Alnwick

  05 Mar 1965 [1965] P 357; [1965] 3 WLR 118; [1965] 1 All ER 423; [1965] 1 Lloyd's Rep 69, PDA (Hewson J)

  05 Mar 1965 [1965] P 357; [1965] 3 WLR 118; [1965] 2 All ER 569; [1965] 1 Lloyd's Rep 320, CA

  Subsequent considerations : 1 positive; 1 neutral. Subsequent citations: 2.
  COURT OF APPEAL — Discretion of judge, matter within — Extension of time bar

  FATAL ACCIDENTS ACTS — Limitation of action — Death at sea

  SHIPPING — Limitation of liability — Collision
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  Case index catchwords

  COURT OF APPEAL — Discretion of judge, matter within — Extension of time bar — Extension refused by trial judge — Whether Court of Appeal should interfere — Maritime Conventions Act, 1911, s 8

  FATAL ACCIDENTS ACTS — Limitation of action — Death at sea — Collision — Whether two-or three-year period applicable — Maritime Conventions Act, 1911, s 8 — Law Reform (Limitation of Actions) Act, 1951, s 3

  SHIPPING — Limitation of liability — Collision — Passenger — Loss of life — Action for damages by personal representative — Whether two-year limitation applicable — Whether Fatal Accidents Acts applicable — Whether, if applicable, period should be extended — Discretion of court — Maritime Conventions Act, 1911, s 8 — Law Reform (Limitation of Actions) Act, 1954, s 3

  4 Case(s) considered

  2 Statutes considered
• Rowley v Rowley and Austin and French

  24 Mar 1964 [1965] P 178; [1964] 3 WLR 946; [1964] 3 All ER 314, PDA

  Subsequent considerations : 1 positive.
  HUSBAND AND WIFE — Divorce — Discretion
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  Case index catchwords

  HUSBAND AND WIFE — Divorce — Discretion — Exercise — Discretion sought on several separate grounds — Account to be taken of all matters involving discretion before deciding how to be exercised — Matrimonial Causes Act, 1950, s 4 (as amended)

  5 Case(s) considered

  1 Statute considered
• Montgomery v Montgomery

  18 Mar 1964 [1965] P 46; [1964] 2 WLR 1036; [1964] 2 All ER 22, PDA

  Subsequent considerations : 5 positive; 2 neutral; 1 negative. Subsequent citations: 14.
  HUSBAND AND WIFE — Judicial separation — Injunction

  HUSBAND AND WIFE — Matrimonial home — Judicial separation
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  Case index catchwords

  HUSBAND AND WIFE — Judicial separation — Injunction — Decree of judicial separation — Parties continuing to live in council flat of which husband the tenant — Whether jurisidiction to order husband to leave home — Injunction granted to restrain husband from molesting wife — Supreme Court of Judicature (Consolidation) Act, 1925, s 45

  HUSBAND AND WIFE — Matrimonial home — Judicial separation — Decree — Parties continuing to live in council flat of which husband the tenant — Injunction granted to restrain husband from molesting wife — Whether jurisdiction to grant injunction excluding husband from flat — Supreme Court of Judicature (Consolidation) Act, 1925, s 45

  2 Case(s) considered

  1 Statute considered

• Clear v Clear (No 2)

  09 Dec 1963 [1965] P 21; [1964] 2 WLR 904; [1964] 2 All ER 15, PDA

  HUSBAND AND WIFE — Maintenance — Divorce
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  Case index catchwords

  HUSBAND AND WIFE — Maintenance — Divorce — Costs — Security — Husband's application for variation of maintenance order — Application by wife for security for costs — Inherent jurisdiction of court to order — Discretion of court previously exercised in respect of wife's adultery — Effect — Wife as able to pay costs as husband — Whether grounds for making order established

  4 Case(s) considered

• Jolliffe v Jolliffe

  16 Jan 1963 [1965] P 6; [1964] 2 WLR 13; [1963] 3 All ER 295, DC

  Subsequent citations: 2.
  HUSBAND AND WIFE — Justices — Form of maintenance order

  HUSBAND AND WIFE — Justices — Proceedings pending

  HUSBAND AND WIFE — Justices — Trial
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  Case index catchwords

  HUSBAND AND WIFE — Justices — Form of maintenance order — Wilful neglect to maintain — Whether non-cohabitation clause appropriate

  HUSBAND AND WIFE — Justices — Proceedings pending — Rectification of order — Order pronounced in court — Non-cohabitation clause inserted as order drawn up — Rectification of order by deletion of non-cohabitation clause

  HUSBAND AND WIFE — Justices — Trial — Clerk — Clerk called as witness — Impropriety of sitting as clerk

  4 Case(s) considered

• Rumbelow v Rumbelow and Hadder

  25 May 1965 [1965] P 207; [1965] 3 WLR 242; [1965] 2 All ER 767, CA

  HUSBAND AND WIFE — Adultery — Connivance
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  Case index catchwords

  HUSBAND AND WIFE — Adultery — Connivance — Continuing adultery — Husband ignorant of inception — Acquiescence in continuance — Whether barred from relief — Clean hands — Connivance “in any manner” — Matrimonial Causes Act, 1950, s 4 (2)

  5 Case(s) considered

  1 Words & Phrases considered

  1 Statute considered
• Stevens v Stevens (1965)

  04 Feb 1965 [1965] P 147; [1965] 2 WLR 736; [1965] 1 All ER 1003, CA

  Subsequent considerations : 1 positive; 2 neutral. Subsequent citations: 1.
  HUSBAND AND WIFE — Divorce — Rehearing
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  Case index catchwords

  HUSBAND AND WIFE — Divorce — Rehearing — Application for — Applicant aware of proceedings — Decision not to defend — Mental stress at time of proceedings — Decree nisi granted in undefended suit — Applicant to satisfy court decree contrary to justice of case — Advice not to appeal against decree nisi — Decree made absolute — Whether time and opportunity for appealing against decree — “Appeal” — Whether application to set aside decree on appeal — Supreme Court of Judicature (Consolidation) Act, 1925, s 31 (1) (e) — Matrimonial Causes Rules, 1957, r 36 (1)

  3 Case(s) considered

  1 Words & Phrases considered

  1 Statute considered

  1 Statutory Instrument considered
• Allford v Allford

  15 May 1964 [1965] P 117; [1964] 3 WLR 1057; [1964] 3 All ER 220, PDA

  Subsequent considerations : 1 neutral.
  HUSBAND AND WIFE — Divorce — Pleading
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  Case index catchwords

  HUSBAND AND WIFE — Divorce — Pleading — Defective pleading — Whether district registry entitled to refuse to accept petition

  HUSBAND AND WIFE — Divorce — Pleading — Petition — “Agreement or arrangement” — “Proposed to be made between the parties” — Practice as to pleading and procedure — Duty of counsel and solicitors to court — Matrimonial Causes Act, 1963, s 4 — Matrimonial Causes (Amendment No 2) Rules, 1963, r 4

  1 Words & Phrases considered

  1 Statute considered

  1 Statutory Instrument considered