A v R

A v R

The applicant's allegations, even if assumed true and considered cumulatively, do not meet the high threshold of exceptionality required for conduct to be considered under s25(2)(g) of the Matrimonial Causes Act 1973. There is no sufficient financial consequence or material impact on the outcome to justify litigating the conduct issue, and it would be disproportionate in terms of cost and court resources.

Parties
Applicant: A; Respondent: R
Jurisdiction
England and Wales
Judgment Date
08 May 2024
Procedural Posture
Financial Remedy Proceedings Under the Matrimonial Causes Act 1973 / Case Management Hearing—determination of Whether Conduct Claim Proceeds to Trial
Outcome
Applicant's conduct claim excluded from further consideration; will not proceed to trial.
Legal Topics
Financial Remedies, Conduct in Financial Proceedings, Domestic Abuse, Case Management, Matrimonial Causes Act 1973
Family Law Financial Remedies Conduct in Financial Proceedings Domestic Abuse Case Management Matrimonial Causes Act 1973

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Parties

A

Applicant

R

Respondent

Procedural Posture

Financial Remedy Proceedings Under the Matrimonial Causes Act 1973 / Case Management Hearing—determination of Whether Conduct Claim Proceeds to Trial

Legal Issues

  1. 1 Whether the applicant's conduct claim should be permitted to proceed to trial in the context of financial remedy proceedings
  2. 2 Whether the alleged conduct meets the high threshold for consideration under s25(2)(g) Matrimonial Causes Act 1973
  3. 3 Whether it is proportionate to litigate the conduct issue

Ratio Decidendi

The applicant's allegations, even if assumed true and considered cumulatively, do not meet the high threshold of exceptionality required for conduct to be considered under s25(2)(g) of the Matrimonial Causes Act 1973. There is no sufficient financial consequence or material impact on the outcome to justify litigating the conduct issue, and it would be disproportionate in terms of cost and court resources.

Court Disposition

Applicant's conduct claim excluded from further consideration; will not proceed to trial.

Orders

  • A's conduct claim is excluded from trial.
  • Witness statements filed in relation to the conduct issue may not be put to further use in this case.