Results: 54

• In re St Mary’s, Luton

  21 Mar 1966 [1967] P 151; [1966] 3 WLR 532, Const Ct

  20 Jul 1966 [1968] P 47; [1966] 3 WLR 1171; [1966] 3 All ER 638, Arches Ct

  Subsequent considerations : 1 positive. Subsequent citations: 5.
  CEMETERY — Burial ground — Disused

  ECCLESIASTICAL LAW — Faculty — Burial ground
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  Case index catchwords

  CEMETERY — Burial ground — Disused — Erection of building attached to parish church — Provision of ancillary facilities for congregation — Whether “enlarging” church — Disused Burial Grounds Act 1884, s 3

  ECCLESIASTICAL LAW — Faculty — Burial ground — Erection of building on disused burial ground — Provision of ancillary facilities for the congregation in connection with services — Whether erection of building “enlargement” of existing church — Disused Burial Grounds Act, 1884, s 3

  3 Case(s) considered

  1 Words & Phrases considered

  1 Statute considered
• The Fairport (Vogiatzis v SS Fairport)

  [1965] 2 Lloyd's Rep 183

  12 May 1966 [1967] P 167; [1966] 3 WLR 426; [1966] 2 All ER 1026; [1966] 2 Lloyd's Rep 7; [1967] P167, PDA

  Subsequent considerations : 2 positive. Subsequent citations: 2.
  ADMIRALTY — Seaman's wages — Action in rem

  MASTER AND SERVANT — Contract of service — Repudiation
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  Case index catchwords

  ADMIRALTY — Seaman's wages — Action in rem — For wages — Whether wages earned after commencement of action recoverable

  MASTER AND SERVANT — Contract of service — Repudiation — Issue of writ for wages — Whether inconsistent with continuance of contract of service — Claim by ship's crew

  3 Case(s) considered

• C v C

  21 Dec 1966 [1967] P 298; [1967] 3 WLR 223; [1967] 1 All ER 928, PDA

  Subsequent citations: 1.
  HUSBAND AND WIFE — Divorce — Petition within three years
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  Case index catchwords

  HUSBAND AND WIFE — Divorce — Petition within three years — Exceptional hardship or depravity — Discretion of court — Principles of exercise — Matrimonial Causes Act, 1965, s 2

  2 Case(s) considered

  1 Statute considered
• Nowotnik v Nowotnik (Hyatt Intervening)

  12 Apr 1965 [1967] P 83; [1965] 3 WLR 920; [1965] 2 All ER 618, PDA (Faulks J)

  25 Jul 1965 [1967] P 83; [1965] 3 WLR 920; [1965] 3 All ER 167, CA

  Subsequent considerations : 3 positive; 3 neutral; 1 negative. Subsequent citations: 14.
  HUSBAND AND WIFE — Divorce — Costs

  LEGAL AID — Costs — Act of 1964
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  Case index catchwords

  HUSBAND AND WIFE — Divorce — Costs — Unsuccessful assisted party — Unasaisted husband successful against legally-aided wife with nil contribution — Application by husband for costs out of legal aid fund — Whether statutory conditions complied with — Legal Aid Act, 1964, s 1

  LEGAL AID — Costs — Act of 1964 — Divorce — Legally aided wife's petition — Nil contribution — Respondent husband not legally aided — Respondent husband successful — Application for costs against wife made after dismissal of suit — No order against wife — Application by husband for costs out of legal aid fund — Whether statutory conditions complied with — Whether “severe financial hardship” — Whether “just and equitable” to make order — Considerations for court to bear in mind when making order — Legal Aid Act, 1964, s 1

  2 Case(s) considered

  2 Words & Phrases considered

  1 Statute considered

• Dunn v Dunn (Barnard v Barnard (Note), Turpin v Turpin (Note))

  Barnard v Barnard (CA, 18 November 1952) appears as a note at [1967] P 217, 228; [1965] 2 WLR 947, 956, at note 12.

  Turpin v Turpin (CA, 1 July 1960) appears as a note at [1967] P 217, 228; [1965] 2 WLR 947, 956, at note 13.

  21 Jan 1965 [1967] P 217; [1965] 2 WLR 947; [1965] 1 All ER 1043, DC

  HUSBAND AND WIFE — Condonation — Revival of condoned offence

  HUSBAND AND WIFE — Desertion — Termination
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  Case index catchwords

  HUSBAND AND WIFE — Condonation — Revival of condoned offence — Conduct sufficient to revive — Wilful neglect to maintain — Revival of cruelty

  HUSBAND AND WIFE — Desertion — Termination — Offers to resume cohabitation — Genuineness of offer — Refusal by offeree — Independent evidence throwing doubt on sincerity of offer — Whether refusal evidence of genuineness

  2 Case(s) considered

• Tulley v Tulley

  21 Dec 1966 [1967] P 285; [1966] 2 WLR 840; [1967] 2 WLR 840; [1967] 1 All ER 639, PDA

  Subsequent citations: 1.
  HUSBAND AND WIFE — Desertion — Three-year period accruing during pendency of suit

  HUSBAND AND WIFE — Divorce — Pleading

  PRACTICE — Pleadings — Amendment
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  Case index catchwords

  HUSBAND AND WIFE — Desertion — Three-year period accruing during pendency of suit — Amendment of answer — Allegation of desertion by way of cross-petition

  HUSBAND AND WIFE — Divorce — Pleading — Amendment — Leave to amend answer by adding cross-petition for desertion

  PRACTICE — Pleadings — Amendment — Leave to amend answer by adding cross-petition for desertion

  2 Case(s) considered

  2 Statutory Instruments considered

• Middleton v Middleton

  22 Nov 1965 [1967] P 62; [1966] 2 WLR 512; [1966] 1 All ER 168, PDA

  Subsequent citations: 3.
  HUSBAND AND WIFE — Divorce — Foreign decree, validity

  NATURAL JUSTICE — Fraud as to jurisdiction — Divorce
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  Case index catchwords

  HUSBAND AND WIFE — Divorce — Foreign decree, validity — Fraud, procured by — False evidence as to length of residence in state — Whether offence against substantial justice — Fraud going to root of jurisdiction — Decree recognised by law of domicile — Whether recognised by English court

  NATURAL JUSTICE — Fraud as to jurisdiction — Divorce — Foreign decree obtained by fraud as to jurisdiction — Whether contrary to natural justice

  5 Case(s) considered

• Leon v Leon

  30 Jun 1966 [1967] P 275; [1966] 3 WLR 1164; [1966] 3 All ER 820, PDA

  Subsequent citations: 7.
  CONFLICT OF LAWS — Domicile — Change

  HUSBAND AND WIFE — Divorce — Jurisdiction
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  Case index catchwords

  CONFLICT OF LAWS — Domicile — Change — Divorce jurisdiction — Husband's acquisition of English domicile of choice — Husband's petition for divorce — Revival of domicile of origin — Whether jurisdiction to entertain prayer for divorce in wife's answer — Matrimonial Causes Act, 1965, s 40 (1)

  HUSBAND AND WIFE — Divorce — Jurisdiction — Change in domicile after institution of proceedings by husband Application by husband for dismissal of petition — Whether jurisdiction to grant decree on wife's answer — Matrimonial Causes Act, 1965, s 40 (1)

  2 Case(s) considered

  1 Statute considered
• Mansell v Mansell

  16 Jan 1967 [1967] P 306; [1967] 3 WLR 230; [1966] 2 All ER 391; [1967] 2 All ER 391, PDA

  Subsequent considerations : 1 positive. Subsequent citations: 4.
  HUSBAND AND WIFE — Divorce — Foreign decree, validity
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  Case index catchwords

  HUSBAND AND WIFE — Divorce — Foreign decree, validity — Domicile, decree by court of — Decree by court of domicile at institution of proceedings — Change in domicile during pendency of proceedings — Whether sufficient jurisdiction to dissolve marriage

  2 Case(s) considered

• M v M (No 1) (B v B and D, B v B and T, E v E and R, M v M (No 2))

  07 Feb 1967 [1967] P 313; [1967] 2 WLR 1333; [1967] 1 All ER 870, PDA

  Subsequent citations: 4.
  HUSBAND AND WIFE — Co-respondent — Discretion of court
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  Case index catchwords

  HUSBAND AND WIFE — Co-respondent — Discretion of court — Application for approval of court — Agreement or arrangement made or proposed to be made between parties — Exercise of court's discretion — Matrimonial Causes Act, 1965, s 5 (2)

  3 Case(s) considered

  1 Statute considered