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You are here: BAILII >> Databases >> The Judicial Committee of the Privy Council Decisions >> Dailey v Dailey (British Virgin Islands) [2003] UKPC 65 (02 October 2003) URL: https://www.bailii.org/uk/cases/UKPC/2003/65.html Cite as: [2004] 1 P & CR DG5, [2003] 3 FCR 369, [2003] UKPC 65 |
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Dailey v Dailey (British Virgin Islands) [2003] UKPC 65 (02 October 2003)
ADVANCE COPY
Privy Council Appeal No. 45 of 2002
Franklyn Dailey Appellant
v.
Harriet Dailey Respondent
FROM
THE EASTERN CARIBBEAN COURT OF APPEAL
(BRITISH VIRGIN ISLANDS)
---------------
JUDGMENT OF THE LORDS OF THE JUDICIAL
COMMITTEE OF THE PRIVY COUNCIL,
Delivered the 2nd October 2003
------------------
Present at the hearing:-
Lord Hope of Craighead
Lord Clyde
Lord Hutton
Sir Andrew Leggatt
Sir Philip Otton
[Delivered by Lord Hope of Craighead]
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The background
The proceedings
Parcel 16
"It is now well established that husband and wife is not one of the relationships to which this latter principle applies. In Yerkey v Jones (1939) 63 CLR 649, 675 Dixon J explained the reason. The Court of Chancery was not blind to the opportunities of obtaining and unfairly using influence over a wife which the husband often possesses. But there is nothing unusual or strange in a wife, from motives of affection or for other reasons, conferring substantial financial benefits on her husband. Although there is no presumption the court will nevertheless note, as a matter of fact, the opportunities for abuse which flow from a wife's confidence in her husband. The court will take this into account with all the other evidence in the case."
The CD Account
Conclusion