![]() |
[Home] [Databases] [World Law] [Multidatabase Search] [Help] [Feedback] [DONATE] | |||||||||
England and Wales High Court (Family Division) Decisions |
||||||||||
PLEASE SUPPORT BAILII & FREE ACCESS TO LAW
To maintain its current level of service, BAILII urgently needs the support of its users.
Since you use the site, please consider making a donation to celebrate BAILII's 25 years of providing free access to law. No contribution is too small. If every visitor this month gives just £5, it will have a significant impact on BAILII's ability to continue providing this vital service.
Thank you for your support! | ||||||||||
You are here: BAILII >> Databases >> England and Wales High Court (Family Division) Decisions >> Muema v Muema [2013] EWHC 3864 (Fam) (10 June 2013) URL: https://www.bailii.org/ew/cases/EWHC/Fam/2013/3864.html Cite as: [2013] EWHC 3864 (Fam) |
[New search]
[Context]
[Printable version]
[Help]
FAMILY DIVISION
Royal Courts of Justice Strand, London WC2A 2LL |
||
B e f o r e :
____________________
MUEMA |
Applicant |
|
- and - |
||
MUEMA |
Respondents |
____________________
165 Fleet Street, 8th Floor, London, EC4A 2DY
Tel No: 020 7421 4046 Fax No: 020 7422 6134
Web: www.merrillcorp.com/mls Email: mlstape@merrillcorp.com
(Official Shorthand Writers to the Court)
MISS CROWLANDS appeared on behalf of the Second Respondent
____________________
Crown Copyright ©
MR JUSTICE PETER JACKSON:
"It is argued that there is incompatibility between Article 8 and the rule in Newlon Housing v Alsulaimen, a 1999 case."
I interpolate that this is a decision of the House of Lords, reported at [1999] 1 AC 313. To continue:
"The rule in that case is that a notice to quit is not a disposition in relation to section 37(2)(b) of the Matrimonial Causes Act 1973, i.e. the destructive effect of the notice to quit ending the tenancy cannot be rectified by the divorce court. It is argued that it is seriously arguable that that is inconsistent with Article 8 and that the service and effect of the notice to quit cannot be revisited."