Ayeh-Kumi v The Lord Chancellor & Anor [2021] EWHC 1564 (QB) (09 June 2021)

Ayeh-Kumi v The Lord Chancellor & Anor [2021] EWHC 1564 (QB) (09 June 2021)

The claim is not an abuse of process insofar as it challenges the compatibility of the Matrimonial Causes Act 1973 with the ECHR, as such a challenge may properly be brought in the High Court by a claim for declaratory relief. The claim is not out of time in relation to ongoing financial proceedings. The issues raised are not so fanciful as to justify summary judgment or striking out, and there is a compelling public interest in the clarity of divorce law. The application to strike out or for summary judgment is refused.

Citation
[2021] EWHC 1564 (QB)
Parties
Claimant/respondent: Mr Charles Ayeh-Kumi; Defendants/applicants: The Lord Chancellor and Secretary of State for Justice
Jurisdiction
England and Wales
Judgment Date
09 June 2021
Procedural Posture
Civil Claim Under Human Rights Act 1998 (declaratory Relief) / Application for Strike Out or Summary Judgment
Outcome
Application for strike out and summary judgment refused; claim to proceed to trial.
Legal Topics
Divorce Law, Statutory Interpretation, Rule of Law, Article 8 ECHR, Article 14 ECHR, Article 6 ECHR, Declaration of Incompatibility, Judicial Review Vs. Civil Claim, Abuse of Process, Accessible Law
Family Law Human Rights Law Civil Procedure Divorce Law Statutory Interpretation Rule of Law Article 8 ECHR Article 14 ECHR +5 more

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Parties

Mr Charles Ayeh-Kumi

Claimant/respondent

The Lord Chancellor and Secretary of State for Justice

Defendants/applicants

Procedural Posture

Civil Claim Under Human Rights Act 1998 (declaratory Relief) / Application for Strike Out or Summary Judgment

Legal Issues

  1. 1 Whether sections 1(2)(b), 23, and 25 of the Matrimonial Causes Act 1973 are incompatible with the European Convention on Human Rights due to vagueness and lack of legal certainty
  2. 2 Whether the claim is an abuse of process for not being brought by judicial review or as an appeal from family court decisions
  3. 3 Whether the claim is out of time under section 7(5) of the Human Rights Act 1998

Ratio Decidendi

The claim is not an abuse of process insofar as it challenges the compatibility of the Matrimonial Causes Act 1973 with the ECHR, as such a challenge may properly be brought in the High Court by a claim for declaratory relief. The claim is not out of time in relation to ongoing financial proceedings. The issues raised are not so fanciful as to justify summary judgment or striking out, and there is a compelling public interest in the clarity of divorce law. The application to strike out or for summary judgment is refused.

Court Disposition

Application for strike out and summary judgment refused; claim to proceed to trial.

Orders

  • Claim not struck out
  • Summary judgment refused