Hearings
England & Wales
04 Oct 1972 [1973] Fam 21; [1972] 3 WLR 907; [1973] 1 All ER 31, Fam D
09 Apr 1974 [1974] 1 WLR 877; [1974] 2 All ER 795, CA
Stewart v Stewart
Subject Matter
HUSBAND AND WIFE — Divorce — Costs — Wife, order for costs against — Unsuccessful wife petitioner — False allegations made against husband — Discretion of judge — Supreme Court of Judicature (Consolidation) Act 1925, s 50 (1)
HUSBAND AND WIFE — Injunction — Exclusion from matrimonial home — Divorce — Wife and children continuing to live in former matrimonial home after decree made absolute — Husband registered proprietor of house — Husband's undertaking to vacate house not implemented — Interests of children — Whether jurisdiction in court to enforce undertaking
[1973] Fam 21; [1972] 3 WLR 907
LEGAL AID — Costs — Successful unassisted party — Legally aided wife's petition — False allegations successfully contested by unassisted husband — Wife's petition dismissed — Husband's application for costs — Whether judicial discretion fettered by former practice not to award costs against wives without means — Appropriate order for costs if wife not legally aided — Whether severe financial hardship on husband if order for payment of costs not made — Whether just and equitable to make order — Legal Aid Act 1964, s 1 (2) (3) (4)