Results: 22

• Maynard v Maynard

  05 Jul 1968 [1968] P 88; [1969] P 88; [1969] 2 WLR 22; [1969] 1 All ER 1, PDA

  Subsequent considerations : 1 neutral. Subsequent citations: 4.
  HUSBAND AND WIFE — Matrimonial home — Act of 1967, s 1

  LANDLORD AND TENANT — Rent restriction — Divorce
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  Case index catchwords

  HUSBAND AND WIFE — Matrimonial home — Act of 1967, s 1 — Order under — Jurisdiction — Order for husband to leave — Whether jurisdiction to make — Right to occupy — “Rights of occupation”

  HUSBAND AND WIFE — Matrimonial home — Act of 1967, s 1 — Order under — Transfer to wife of statutory tenancy — Whether taking effect from decree absolute — Injunction to restrain husband from continuing to reside in home — Power of court to grant before decree absolute — Power of registrar to grant — Molestations and violence — Whether inherent jurisdiction to grant injunction — “Estate” of tenant — Whether entitled to injunction to prevent threatened trespass to future estate — Matrimonial Homes Act, 1967, ss 1 (1) (2) (3), 7 (1) (3) — Matrimonial Causes Rules, 1957, r 77 (a) — Matrimonial Causes Rules, 1968, r 104 (1) — Supreme Court of Judicature (Consolidation) Act, 1925, s 45 (3)

  LANDLORD AND TENANT — Rent restriction — Divorce — Transfer of statutory tenancy to wife — Trespasser — Wife's right to injunction — Whether wife having “estate” — “Spouse … deemed to be the tenant” — Whether present right to protect future interest by injunction — Increase of Rent and Mortgage Interest (Restrictions) Act, 1920, s 17 (2) — Supreme Court of Judicature (Consolidation) Act, 1925, s 45 (3) — Rent Act, 1957, s 19 (3)

  5 Case(s) considered

  3 Words & Phrases considered

  4 Statutes considered

  2 Statutory Instruments considered

• In re Harker-Thomas, decd

  20 May 1968 [1969] P 28; [1968] 3 WLR 1267; [1968] 3 All ER 17, PDA

  FAMILY PROVISION — Former wife — Testator remarried
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  Case index catchwords

  FAMILY PROVISION — Former wife — Testator remarried — Second wife predeceasing testator — Intestacy — Estate divisible between relatives — No recent contact with testator — Former wife better off than relatives — Whether reasonable for testator to make provision for former wife — Matrimonial Causes Act, 1965, s 26 (1) (2) (a)

  2 Case(s) considered

  1 Statute considered

• Visco v Minter

  13 Mar 1969 [1969] P 82; [1969] 3 WLR 70; [1969] 2 All ER 714, PDA

  Subsequent citations: 1.
  COSTS — Security for costs — Defendant in position of plaintiff
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  Case index catchwords

  COSTS — Security for costs — Defendant in position of plaintiff — Preliminary issue — Plaintiff in issue defendant to substantive proceedings — Whether jurisdiction to order defendant to give security for costs of issue — Whether defendant in “position of plaintiff” — RSC, Ord 23, r 1

  2 Case(s) considered

  1 Words & Phrases considered

  1 Statutory Instrument considered
• The World Beauty

  10 Apr 1968 [1969] P 12; [1968] 3 WLR 929; [1968] 2 All ER 673; [1968] 1 Lloyd's Rep 507, PDA

  19 Mar 1969 [1970] P 144; [1969] 3 WLR 110; [1969] 3 All ER 158; [1969] 1 Lloyd's Rep 350, CA

  Subsequent considerations : 2 neutral. Subsequent citations: 13.
  DAMAGES — Mitigation — Damage to vessel under charter

  DAMAGES — Mitigation — Profits earned as result of mitigating acts

  SHIPPING — Collision — Damages for detention
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  Case index catchwords

  DAMAGES — Mitigation — Damage to vessel under charter — Commencement of profitable hiring advanced — Whether profit accruing from act done in mitigation of damage or from previously negotiated contract — Valuation of benefit of accelerated receipt

  DAMAGES — Mitigation — Profits earned as result of mitigating acts — Relevance of

  SHIPPING — Collision — Damages for detention — Vessel damaged under charter — Mitigation of damage — Commencement of profitable hiring advanced — Measure of damages — Principle of assessment

  6 Case(s) considered

• Blaise v Blaise

  06 Feb 1969 [1969] P 54; [1969] 2 WLR 1047; [1969] 2 All ER 1032, CA

  Subsequent citations: 4.
  EVIDENCE — Wrongful exclusion of — Justices

  HUSBAND AND WIFE — Justices — Appeal from
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  Case index catchwords

  EVIDENCE — Wrongful exclusion of — Justices — Denial of right to cross-examine — Whether new trial should be ordered — Test — Matrimonial Causes Rules, 1957, r 73 (7)

  HUSBAND AND WIFE — Justices — Appeal from — Evidence — Wrongful exclusion of — Denial of right to cross-examine — Whether “substantial wrong or miscarriage of justice” — Whether new trial should be ordered — Test — Matrimonial Causes Rules, 1957, r 73 (7) — RSC, Ord 112, r 6 (7)

  2 Case(s) considered

  1 Words & Phrases considered

  2 Statutory Instruments considered
• The Katcher I (No 2)

  09 Apr 1968 [1969] P 72; [1969] 2 WLR 401; [1968] 3 All ER 350; [1968] 2 Lloyd's Rep 29, PDA

  Subsequent considerations : 1 positive.
  ADMIRALTY — Costs — Amount recovered

  COSTS — Costs follow event — Discretion of court

  COSTS — Payment into court — Salvage
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  Case index catchwords

  ADMIRALTY — Costs — Amount recovered — Less than £1,000 recovered in salvage action in High Court — Whether case fit to be tried otherwise than in county court — Effect on order for costs — County Courts Act, 1959, s 60

  COSTS — Costs follow event — Discretion of court — Amount recovered in salvage action in High Court less than £1,000 — Reasonable grounds for supposing that more than £1,000 would be recovered — Principles on which discretion exercised

  COSTS — Payment into court — Salvage — Payment in of £500 in salvage action in High Court taken out by plaintiff — Effect on order for costs

  1 Statute considered
• Gooday v Gooday

  16 Jul 1968 [1969] P 1; [1968] 3 WLR 750; [1968] 3 All ER 611, CA

  Subsequent considerations : 1 positive; 1 neutral. Subsequent citations: 6.
  COSTS — Appeal, Court of — Jurisdiction

  HUSBAND AND WIFE — Divorce — Costs

  LEGAL AID — Costs — Divorce

  LEGAL AID — Costs — Order against assisted person
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  Case index catchwords

  COSTS — Appeal, Court of — Jurisdiction — Order made against wife in her unsuccessful petition for divorce — Court's jurisdiction to reverse — Jurisdiction to vary amount

  HUSBAND AND WIFE — Divorce — Costs — Wife, order for costs against — No ground for practice not to make order against unsuccessful wife petitioner — Discretion of judge — Supreme Court of Judicature (Consolidation) Act, 1925, s 50 (1)

  LEGAL AID — Costs — Divorce — Legally aided wife's petition unsuccessful — Husband's application for costs — Court's jurisdiction to award costs against impecunious wife — Whether sum awarded “reasonable … having regard to all the circumstances” — Supreme Court of Judicature (Consolidation) Act, 1925, s 50 (1) — Legal Aid and Advice Act, 1949, s 2 (2) (e) — Legal Aid (General) Regulations, 1962, reg 18

  LEGAL AID — Costs — Order against assisted person — Unsuccessful wife petitioner with £7 contribution — Order to pay £200 towards husband's costs — Whether “reasonable” — Legal Aid and Advice Act, 1949, s 2 (2) (e)

  1 Case considered

  2 Statutes considered

  1 Statutory Instrument considered

• Wild v Wild (W (C) v W (R))

  05 Jul 1968 [1969] P 33; [1968] 3 WLR 1148; [1968] 3 All ER 608, DC

  Subsequent citations: 1.
  HUSBAND AND WIFE — Justices — Child
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  Case index catchwords

  HUSBAND AND WIFE — Justices — Child — Custody — Whether divisible — Legal custody to father — Care and control to mother — Jurisdiction of justices to make divided order custody — Matrimonial Proceedings (Magistrates' Courts) Act, 1960, s 2 (1) (d)

  1 Statute considered

• B v B and F

  08 May 1968 [1969] P 37; [1968] 3 WLR 1217; [1968] 3 All ER 232, PDA

  HUSBAND AND WIFE — Divorce — Children
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  Case index catchwords

  HUSBAND AND WIFE — Divorce — Children — “Child of the family” — Acceptance as — Necessity for knowledge of material facts — Husband's mistaken belief that children his until separated from wife and children — Subsequent order by consent for access by husband — Whether “acceptance” — Whether “family” — Whether “relevant child” — Matrimonial Causes Act, 1965, ss 34 (1), 46 (2) (b)

  4 Case(s) considered

  2 Words & Phrases considered

• Mayfield v Mayfield

  18 Dec 1968 [1969] P 119; [1969] 2 WLR 1002; [1969] 2 All ER 219, PDA

  Subsequent citations: 4.
  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 — Husband domiciled in England — Husband granted foreign decree in proceedings brought by him — Real and substantial connection between wife and country of residence — Recognition of foreign decree

  1 Case considered