Results: 34

• Sansom v Sansom

  25 Mar 1966 [1966] P 52; [1966] 2 WLR 1125; [1966] 2 All ER 396, PDA

  Subsequent considerations : 1 positive; 1 neutral. Subsequent citations: 5.
  BURDEN OF PROOF — Husband and wife — Alimony

  HUSBAND AND WIFE — Alimony, permanent — Judicial separation
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  Case index catchwords

  BURDEN OF PROOF — Husband and wife — Alimony — Appeal from registrar's order to judge in chambers — Onus on appellant

  HUSBAND AND WIFE — Alimony, permanent — Judicial separation — Quantum — Variation of order for permanent alimony — Principles on which quantum of alimony assessed

  3 Case(s) considered
• Kershaw v Kershaw

  14 Jul 1964 [1966] P 13; [1964] 3 WLR 1143; [1964] 3 All ER 635, DC

  Subsequent considerations : 2 positive. Subsequent citations: 7.
  HUSBAND AND WIFE — Justices — Quantum of maintenance
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  Case index catchwords

  HUSBAND AND WIFE — Justices — Quantum of maintenance — One third rule — Whether discredited — Correct approach

  HUSBAND AND WIFE — Justices — Quantum of maintenance — Probation officer — Means of parties — Discretion of justices to order investigation by probation officer — Conflict of evidence — Magistrates' Courts Act, 1952, s 60 (1)

  1 Case considered

  1 Statute considered
• The Miraflores and The Abadesa

  15 Jul 1965 [1965] 2 Lloyd's Rep 254, PDA (Hewson J)

  13 Dec 1965 [1966] P 18; [1966] 2 WLR 347; [1966] 1 All ER 553; [1966] 1 Lloyd's Rep 97, CA

  16 Feb 1967 [1967] 1 AC 826; [1967] 2 WLR 806; [1967] 1 All ER 672; [1967] 1 Lloyd's Rep 191, HL(E)

  Subsequent considerations : 3 positive; 1 negative. Subsequent citations: 13.
  SHIPPING — Collision — Apportionment of liability
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  Case index catchwords

  SHIPPING — Collision — Apportionment of liability — Collision between two ships — Partially consequent grounding of third ship — All three ships negligent — Individual assessment of liability of each vessel involved — “Fault” — Maritime Conventions Act, 1911, s 1 (1)

  5 Case(s) considered

  1 Words & Phrases considered

• The Niceto de Larrinaga (Navarro v Larrinaga Steamship Co Ltd)

  10 May 1965 [1966] P 80; [1965] 3 WLR 573; [1966] 3 WLR 573; [1965] 2 All ER 930; [1965] 2 Lloyd's Rep 134, PDA

  FATAL ACCIDENTS ACTS — Limitation of action — Death at sea

  SHIPPING — Limitation of liability — Collision
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  Case index catchwords

  FATAL ACCIDENTS ACTS — Limitation of action — Death at sea — Collision — Crew — Action against vessel in which injury occurred — Whether two-year period applicable — Maritime Conventions Act, 1911

  SHIPPING — Limitation of liability — Collision — Crew — Action against vessel in which injury occurred — Loss of life — Action for damages by personal representative — Whether two-year limitation period applicable — Maritime Conventions Act, 1911, s 8

  2 Case(s) considered

  1 Statute considered
• Mulhouse v Mulhouse

  24 Jan 1964 [1966] P 39; [1964] 2 WLR 808; [1964] 2 All ER 50, PDA

  Subsequent considerations : 6 positive; 1 neutral. Subsequent citations: 4.
  HUSBAND AND WIFE — Co-respondent — Discretion of court

  STATUTE — Construction — Amending Act
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  Case index catchwords

  HUSBAND AND WIFE — Co-respondent — Discretion of court — Compromise of suit by agreement between counsel — Abandonment of valid defence, term of agreement — Considerations affecting exercise of discretion — Matrimonial Causes Act, 1950, s 4 (2) (as amended by Matrimonial Causes Act, 1963, s 4 (1))

  STATUTE — Construction — Amending Act — Remedies for readily ascertainable mischiefs — Sufficient guide to construction

  4 Case(s) considered

  1 Statute considered

• In the Estate of Biggs, decd

  18 Nov 1965 [1966] P 118; [1966] 2 WLR 536; [1966] 1 All ER 358, PDA

  PROBATE — Administration, grant of — Intermeddling executor
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  Case index catchwords

  PROBATE — Administration, grant of — Intermeddling executor — Refusal to take grant by — No appearance entered to citation to take out grant — Executor likely to cause difficulty and expense if enforcement procedure invoked — Power of court to pass over — Whether “special circumstances” — Supreme Court of Judicature (Consolidation) Act, 1925, s 162 (1)

  2 Case(s) considered

  1 Words & Phrases considered

  1 Statute considered
• Carter v Carter

  24 Apr 1964 [1966] P 1; [1961] 3 WLR 311; [1964] 3 WLR 311; [1964] 2 All ER 968, PDA

  Subsequent considerations : 1 neutral. Subsequent citations: 4.
  HUSBAND AND WIFE — Divorce — Costs

  LEGAL AID — Costs — Divorce
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  Case index catchwords

  HUSBAND AND WIFE — Divorce — Costs — Wife's solicitor — Reconciliation — Wife's failure to apply for legal aid and costs — Whether wife's solicitor can apply — Legal Aid and Advice Act, 1949

  LEGAL AID — Costs — Divorce — Legally aided wife's petition — Right of wife's solictor to apply for costs — Reconciliation — No application by wife for costs — Whether wife's solicitor a right to apply — Right of Law Society — Sum paid in by husband as security for costs — Whether order limited to amount of security — Legal Aid and Advice Act, 1949

  3 Case(s) considered

  2 Statutes considered

• Sheldon v Sheldon

  31 Mar 1966 [1966] P 62; [1966] 2 WLR 993; [1966] 2 All ER 257, CA

  Subsequent citations: 1.
  HUSBAND AND WIFE — Cruelty — Tests of
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  Case index catchwords

  HUSBAND AND WIFE — Cruelty — Tests of — Sexual intercourse, deprivation of — Withdrawal from sexual intercourse — Husband's persistent refusal of intercourse over long period after years of normal marriage — Conduct causing injury to wife's health — Conduct persisted in despite husband's knowledge of effect on wife's health — Corroborating medical evidence — Whether capable of constituting cruelty in absence of extenuating circumstances

  4 Case(s) considered

• Lepre v Lepre

  05 Dec 1962 [1965] P 52; [1966] P 52; [1963] 2 WLR 735; [1963] 2 All ER 49, PDA

  Subsequent citations: 6.
  CONFLICT OF LAWS — Foreign judgment — Offending against substantial justice

  HUSBAND AND WIFE — Nullity — Foreign decree, validity
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  Case index catchwords

  CONFLICT OF LAWS — Foreign judgment — Offending against substantial justice — Affecting person within British jurisdiction — Discretion to refuse recognition — Maltese decree of nullity

  HUSBAND AND WIFE — Nullity — Foreign decree, validity — Jurisdiction to make declaration — Petitioner domiciled abroad if declaration claimed made — Petition for declaration that foreign decree of nullity was invalid and for divorce — Jurisdiction to make declaration as necessary step in divorce proceedings — RSC, Ord 25, r 5

  HUSBAND AND WIFE — Nullity — Foreign decree, validity — Offending against substantial justice — Valid civil marriage in England — Husband domiciled in Malta — Maltese decree of nullity because marriage failed to comply with canon law

  4 Case(s) considered

  1 Statutory Instrument considered
• Joyce v Joyce (1966)

  01 Feb 1966 [1966] P 84; [1966] 2 WLR 660; [1966] 1 All ER 905, CA

  Subsequent considerations : 1 negative.
  BURDEN OF PROOF — Matrimonial causes — Civil or criminal standard

  HUSBAND AND WIFE — Adultery — Evidence

  HUSBAND AND WIFE — Adultery — Man unknown, with

  HUSBAND AND WIFE — Divorce — Discretion
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  Case index catchwords

  BURDEN OF PROOF — Matrimonial causes — Civil or criminal standard — Conflicting findings on same issue of adultery

  HUSBAND AND WIFE — Adultery — Evidence — Burden of proof — Civil or criminal standard — Petition on ground of adultery — Discretion statement — Conflicting findings on adultery issues

  HUSBAND AND WIFE — Adultery — Man unknown, with — Divorce — Whether decree grantable

  HUSBAND AND WIFE — Divorce — Discretion — Exercise — Whether court satisfied of full disclosure of adultery — Same standard of proof as in charge of adultery — Whether prospect of reconciliation — Whether both sides entitled to decree

  HUSBAND AND WIFE — Divorce — Discretion — Form of statement — Whether name and address of known adulterer to be stated — Whether material for court — Practice when particulars written down in witness-box — Matrimonal Causes Rules, 1957, r 28 (1)

  2 Case(s) considered

  1 Statutory Instrument considered