Results: 41

• Cracknell v Cracknell

  22 Jun 1971 [1971] P 356; [1971] 3 WLR 490; [1971] 3 All ER 552, CA

  Subsequent considerations : 2 positive; 1 neutral; 1 negative. Subsequent citations: 8.
  HUSBAND AND WIFE — Matrimonial home — Mortgage instalments
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  Case index catchwords

  HUSBAND AND WIFE — Matrimonial home — Mortgage instalments — Wife voluntarily leaving house owned in equal shares — Husband remaining in occupation and paying mortgage instalments after wife's departure — Whether wife entitled to credit for half instalments as set off against husband's continuing use and occupation of house — Married Women's Property Act 1882, s 17

  3 Case(s) considered

  1 Statute considered

• Singh v Singh

  01 Feb 1971 [1971] P 226; [1971] 2 WLR 963; [1971] 2 All ER 828, CA

  Subsequent citations: 1.
  HUSBAND AND WIFE — Marriage — Duress

  HUSBAND AND WIFE — Nullity — Incapacity
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  Case index catchwords

  HUSBAND AND WIFE — Marriage — Duress — Arranged marriage — Contracted out of obedience to parents and religious custom — Whether ceremony void for want of consent

  HUSBAND AND WIFE — Nullity — Incapacity — Invincible repugnance — Non-consummation of marriage — Wife's refusal to see or meet husband after ceremony — No lack of capacity — Whether invincible repugnance or unwillingness

  2 Case(s) considered

• Stanwick v Stanwick

  23 Oct 1970 [1971] P 124; [1970] 3 WLR 1073; [1970] 3 All ER 983, CA

  HUSBAND AND WIFE — Cruelty — Desertion by wife

  HUSBAND AND WIFE — Cruelty — Dishonesty
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  Case index catchwords

  HUSBAND AND WIFE — Cruelty — Desertion by wife — Husband with three small children — Necessity to fend for them while earning living — Whether desertion amounting to cruelty

  HUSBAND AND WIFE — Cruelty — Dishonesty — Persistent dishonesty by wife — Acute embarrassment and anxiety suffered by husband — Injury to health — Wife's desertion of husband and three young children — Whether persistent dishonesty amounting to cruelty — Whether desertion cruelty

  3 Case(s) considered

• Hornett v Hornett

  27 Oct 1970 [1971] P 255; [1971] 2 WLR 181; [1971] 1 All ER 98, PDA

  Subsequent citations: 3.
  HUSBAND AND WIFE — Divorce — Fresh evidence
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  Case index catchwords

  HUSBAND AND WIFE — Divorce — Fresh evidence — Service, absence of — Decree obtained by wife without husband being notified of proceedings — Subsequent cohabitation of parties — No children resulting — Maintenance order made in England on basis that parties married — Whether foreign decree recognisable — Public policy — Estoppel

  1 Case considered
• In re Meyer

  16 Oct 1970 [1971] P 298; [1971] 2 WLR 401; [1971] 1 All ER 378, PDA

  Subsequent considerations : 1 neutral. Subsequent citations: 6.
  HUSBAND AND WIFE — Divorce — Foreign decree, recognition of
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  Case index catchwords

  HUSBAND AND WIFE — Divorce — Foreign decree, recognition of — Duress, effect of — German Jewish husband escaping from Germany in 1938 — Divorce decree in Germany in 1939 on Aryan wife's petition — Wife and daughter joining husband in England in 1949 — Whether German decree obtained under duress — Whether valid

  2 Case(s) considered

• In the Estate of Muirhead, decd

  16 Jul 1970 [1971] P 263; [1971] 2 WLR 369; [1971] 1 All ER 609, PDA

  Subsequent citations: 2.
  PROBATE — Practice — Citation
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  Case index catchwords

  PROBATE — Practice — Citation — Will appointing wife sole executrix and beneficiary — Subsequent codicil substantially benefiting A — Citation of A by executrix — No appearance — Motion by executrix for probate of will without codicil — Whether permissible — Proper procedure

  3 Case(s) considered

• D (J R) v D (J M)

  07 Oct 1970 [1971] P 132; [1970] 3 WLR 1109; [1970] 3 All ER 893, PDA

  HUSBAND AND WIFE — Divorce — Children
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  Case index catchwords

  HUSBAND AND WIFE — Divorce — Children — “Child of the family” — “Relevant child” — Whether term includes person of 28 — “Proper proceedings … for placing the child under the protection of the court” — Meaning of — Matrimonial Causes Act 1965, s 34 (1)

  1 Case considered

  2 Words & Phrases considered

  1 Statute considered
• The Annefield

  31 Jul 1970 [1971] P 168; [1971] 2 WLR 320; [1971] 1 All ER 394; [1970] 2 Lloyd's Rep 252, PDA (Brandon J)

  28 Oct 1970 [1971] P 168; [1971] 2 WLR 320; [1971] 1 All ER 394; [1971] 1 Lloyd's Rep 1, CA (Lord Denning M.R., Phillimore and Cairns L.JJ.)

  Subsequent considerations : 1 positive; 3 neutral; 1 negative. Subsequent citations: 20.
  JUDICIAL PRECEDENT — Decision long undisturbed — Shipping

  SHIPPING — Charterparty — Cargo, stowage of
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  Case index catchwords

  JUDICIAL PRECEDENT — Decision long undisturbed — Shipping — Clause in use in charterparty and bill of lading since 1914 — Construed by court in 1936 — Impropriety of upsetting construction forming basis of settled business practice

  SHIPPING — Charterparty — Cargo, stowage of — Incorporation in bill of lading contract “all the terms, conditions and exceptions … including the negligence clause” from charterparty — Whether general words apt to incorporate arbitration clause — Incorporating words in use in charterparty and bill of lading since 1914 construed in 1936 as excluding arbitration clause — Business practice based on 1936 construction — Impropriety of disturbing settled construction — Clauses not germane to bills of lading contracts to be incorporated only by express words

  5 Case(s) considered
• P v P and J

  27 Jun 1969 [1970] P 161; [1970] 2 WLR 43; [1969] 3 All ER 511, PDA

  15 Dec 1970 [1971] P 217; [1971] 2 WLR 510; [1971] 1 All ER 616, CA

  Subsequent considerations : 3 positive; 1 neutral; 2 negative. Subsequent citations: 13.
  HUSBAND AND WIFE — Divorce — Children

  HUSBAND AND WIFE — Divorce — Decree absolute
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  Case index catchwords

  HUSBAND AND WIFE — Divorce — Children — Declaration as to welfare — Child born between decree nisi and decree absolute — Decree absolute made in absence of declaration as to welfare — Whether “relevant child” — Whether decree absolute void — Matrimonial Proceedings (Children) Act, 1958, s 2 — Matrimonial Causes Act, 1965, s 33

  HUSBAND AND WIFE — Divorce — Decree absolute — Validity — Child born between decree nisi and decree absolute — Decree made absolute in absence of declaration as to child's welfare — Whether decree absolute valid — Matrimonial Causes Act 1965, s 33 (1)

  7 Case(s) considered

  1 Words & Phrases considered

  4 Statutes considered

• Newman v Newman

  HUSBAND AND WIFE — Divorce — Children
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  Case index catchwords

  HUSBAND AND WIFE — Divorce — Children — “Child of the family” — “Relevant child” — Whether term includes child concurrently a child of two families — Matrimonial Causes Act, 1965, s 46 (2) (b)

  HUSBAND AND WIFE — Divorce — Children — “Child of the family” — “Relevant child” — Whether term including child concurrently child of two families — Matrimonial Causes Act 1965, s 46 (2) (b)

  1 Case considered

  2 Words & Phrases considered

  1 Statute considered