Results: 60

• Courtney v Courtney

  04 Nov 1965 [1968] P 523; [1966] 2 WLR 524; [1966] 1 All ER 53, DC

  Subsequent considerations : 1 positive. Subsequent citations: 2.
  HUSBAND AND WIFE — Justices — Quantum of maintenance
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  Case index catchwords

  HUSBAND AND WIFE — Justices — Quantum of maintenance — Effect of conduct of parties — Conduct of both parties to be considered — High Court principles applicable — Matrimonial Proceedings (Magistrates' Courts) Act, 1960, s 2 (2) (b)

  6 Case(s) considered

  1 Statute considered

• F v F (Evidence: Blood test)

  06 Nov 1967 [1968] P 506; [1968] 2 WLR 190; [1968] 1 All ER 242, PDA

  Subsequent citations: 1.
  EVIDENCE — Blood test — Adultery

  HUSBAND AND WIFE — Adultery — Evidence

  HUSBAND AND WIFE — Desertion — Just cause
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  Case index catchwords

  EVIDENCE — Blood test — Adultery — Blood grouping of husband, wife and child — Factor present in child's blood absent from blood of husband and wife — Whether sufficient to establish adultery — Paternity issue

  HUSBAND AND WIFE — Adultery — Evidence — Birth of child — Blood tests of husband, wife and child — Factor in child's blood absent from blood of husband and wife — Whether evidence of adultery — Paternity issue — Whether sufficient to satisfy court beyond reasonable doubt of illegitimacy of child

  HUSBAND AND WIFE — Desertion — Just cause — Blood test — Adultery as proof — Medical specialist's report that factor present in child's blood absent from blood of husband and wife — Opinion that husband not the father of wife's child — Whether husband just cause to believe wife guilty of adultery

  2 Case(s) considered

• Northrop v Northrop

  28 Oct 1966 [1968] P 74; [1966] 3 WLR 1193; [1966] 3 All ER 797, DC

  11 May 1967 [1968] P 74; [1967] 3 WLR 907; [1967] 2 All ER 961, CA

  Subsequent citations: 5.
  HUSBAND AND WIFE — Justices — Child, maintenance for

  HUSBAND AND WIFE — Justices — Wilful neglect to maintain child only
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  Case index catchwords

  HUSBAND AND WIFE — Justices — Child, maintenance for — Wilful neglect to maintain wife and child — Consensual separation — £2 per week paid for child — No express agreement to maintain wife — £2 inadequate for child if no maintenance for wife — Child dependent upon wife — Failure to maintain child throwing obligation onto wife — Wife's earning capacity thereby impaired — Whether necessary implication that husband agrees to support wife — Principles to be applied in assessing quantum of maintenance

  HUSBAND AND WIFE — Justices — Wilful neglect to maintain child only — Jurisdiction to award maintenance for wife — Jurisdiction to make matrimonial orders — Quantum of maintenance for wife that which is reasonable in all the circumstances — Matrimonial Proceedings (Magistrates Courts) Act, 1960, ss 1 (1), 2 (1)

  9 Case(s) considered

  1 Statute considered
• 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
• Waters v Waters

  [1956] 2 WLR 661, PDA

  31 May 1967 [1968] P 401; [1968] 2 WLR 987; [1968] 1 All ER 417, DC

  Subsequent considerations : 2 positive; 1 negative. Subsequent citations: 1.
  HUSBAND AND WIFE — Cruelty — Intention to injure

  HUSBAND AND WIFE — Desertion — Constructive desertion

  HUSBAND AND WIFE — Cruelty — Separation, after
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  Case index catchwords

  HUSBAND AND WIFE — Cruelty — Intention to injure — Boorishness, uncleanliness and taciturnity — Intention of being cruel or of driving spouse away — Presumption of intention.

  HUSBAND AND WIFE — Desertion — Constructive desertion — Inference from conduct — Boorishness.

  HUSBAND AND WIFE — Cruelty — Separation, after — “Subsistence” of marriage — Assaults on wife after her withdrawal from cohabitation — “Causes of complaint arising during the subsistence of the marriage” — Whether wife entitled to matrimonial order — Matrimonial Proceedings (Magistrates' Courts) Act, 1960, s 1 (1)

  2 Case(s) considered

  2 Words & Phrases considered

  1 Statute considered
• Bull v Bull

  [1955] 2 WLR 78, CA

  [1955] 1 QB 234, CA

  21 Dec 1964 [1968] P 618; [1963] 3 WLR 1048; [1965] 3 WLR 1048; [1965] 1 All ER 1057, PDA

  Subsequent considerations : 3 positive; 1 neutral; 2 negative. Subsequent citations: 28.
  TENANTS IN COMMON — Realty — Dwelling-house

  FRAUD — Fraud to court (discretion to refuse order) — Divorce

  HUSBAND AND WIFE — Divorce — Discretion
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  Case index catchwords

  TENANTS IN COMMON — Realty — Dwelling-house — Joint purchase by mother and son as residence — Unequal shares — Conveyance in name of son — Legal ownership — Claim by son to eject mother — Equitable tenants in common — Rights of — Law of Property Act, 1925 (15 & 16 Geo. 5, c. 20), ss. 1 (6), 14, 26 (3), 30 and 35 — Settled Land Act, 1925 (15 & 16 Geo. 5, c. 18), s. 36 (4) — Trustee Act, 1925 (15 & 16 Geo. 5, c. 19), s. 14.

  FRAUD — Fraud to court (discretion to refuse order) — Divorce — Petitioner's false denial of adultery

  HUSBAND AND WIFE — Divorce — Discretion — Failure to pray for exercise — Denial of adultery by petitioner — Setting up of false case on oath — Repeated deception by petitioner — Considerations affecting exercise of discretion — Considerations telling in favour weighed against considerations telling against exercising discretion

  6 Case(s) considered

  2 Statutes considered
• Briscoe v Briscoe

  18 Nov 1965 [1968] P 501; [1966] 2 WLR 205; [1966] 1 All ER 465, DC

  Subsequent considerations : 1 negative. Subsequent citations: 2.
  BARRISTER — Rights in court — Witnesses

  HUSBAND AND WIFE — Justices — Trial
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  Case index catchwords

  BARRISTER — Rights in court — Witnesses — Counsel's right to choose what witnesses to call and in what order

  HUSBAND AND WIFE — Justices — Trial — Witnesses — Counsel's right to choose what witnesses to call and in what order
• Gosling v Gosling

  17 Feb 1967 [1968] P 1; [1967] 2 WLR 1219; [1967] 2 All ER 510, CA

  Subsequent considerations : 1 positive. Subsequent citations: 3.
  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 — Duty of Judge — Power to require additional evidence — Effect of conclusion on preliminary issue — Form of order — Matrimonial Causes Act, 1965, s 5 (2)

  4 Case(s) considered

  1 Statute considered

• Brown v Brown (1968)

  22 Jan 1968 [1968] P 518; [1968] 2 WLR 969; [1968] 2 All ER 11, PDA (Cumming-Bruce J)

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

  HUSBAND AND WIFE — Divorce — Foreign decree, validity — Residence of wife, based on — Ground of jurisdiction unrecognised in England — De facto ground of jurisdiction on English principles — Residence of wife for three years — Real and substantial connexion between wife and country of residence — Applicable grounds of recognition

  2 Case(s) considered
• The Abadesa (No 2)

  04 Apr 1968 [1968] P 656; [1968] 3 WLR 492; [1968] 1 Lloyd's Rep 493; [1968] 2 All ER 726, PDA

  Subsequent considerations : 1 positive. Subsequent citations: 3.
  ADMIRALTY — Interest — Rate of

  ADMIRALTY — Limitation — Interest on limitation fund

  CONTRACT — Limitation of liability — Conversion rate

  SHIPPING — Limitation of liability — Currency

  STATUTORY INSTRUMENT — Retrospective — Legislative or procedural
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  Case index catchwords

  ADMIRALTY — Interest — Rate of — Principles of assessment

  ADMIRALTY — Limitation — Interest on limitation fund — Whether interest rate should be raised from 4 per cent

  CONTRACT — Limitation of liability — Conversion rate — Sterling equivalent to 1000 gold francs — Devaluation of sterling between collision and limitation order — Whether sterling equivalent at date of (i) collision, (ii) issue of writ or (iii) judgment, should apply — Merchant Shipping Act, 1894, s 503 (as amended by Merchant Shipping (Liability of Shipowners and Others) Act, 1958) — Merchant Shipping (Limitation of Liability) (Sterling Equivalents) Order, 1967 — Brussels Convention, 1957

  SHIPPING — Limitation of liability — Currency — Sterling equivalent of gold francs — Conversion factor changed between date of accident and date of assessment of limit — Rate of interest — Merchant Shipping (Limitation of Liability) (Sterling Equivalents) Order, 1958 — Merchant Shipping (Limitation of Liability) (Sterling Equivalents) Order, 1967

  STATUTORY INSTRUMENT — Retrospective — Legislative or procedural — Merchant Shipping (Limitation of Liability) (Sterling Equivalents) Order, 1958 — Merchant Shipping (Limitation of Liability) (Sterling Equivalents) Order, 1967

  2 Statutory Instruments considered