Dolan v Corby

Dolan v Corby

The Recorder's decision to grant an occupation order excluding Mr Corby was a proper exercise of discretion under Section 33(6) of the Family Law Act 1996, having regard to all the circumstances, particularly the psychiatric vulnerability of Ms Dolan. The conflation of Sections 33(6) and 33(7) did not vitiate the decision, as the facts did not support significant harm under Section 33(7), but justified the order under Section 33(6).

Parties
Respondent: Dolan; Appellant: Corby
Jurisdiction
England and Wales
Judgment Date
07 December 2011
Procedural Posture
Civil Appeal (family Law) / Appeal Judgment
Outcome
Appeal dismissed
Legal Topics
Occupation Orders, Non Molestation Orders, Exclusion From Matrimonial Home, Section 33 Family Law Act 1996, Judicial Discretion
Family Law Occupation Orders Non Molestation Orders Exclusion From Matrimonial Home Section 33 Family Law Act 1996 Judicial Discretion

Case Brief

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Parties

Dolan

Respondent

Corby

Appellant

Procedural Posture

Civil Appeal (family Law) / Appeal Judgment

Legal Issues

  1. 1 Whether the Recorder properly exercised discretion under Section 33 of the Family Law Act 1996 in granting an occupation order excluding Mr Corby from the property
  2. 2 Whether the Recorder correctly applied the statutory tests under Section 33(6) and 33(7)
  3. 3 Whether the findings of fact justified the exclusion order

Ratio Decidendi

The Recorder's decision to grant an occupation order excluding Mr Corby was a proper exercise of discretion under Section 33(6) of the Family Law Act 1996, having regard to all the circumstances, particularly the psychiatric vulnerability of Ms Dolan. The conflation of Sections 33(6) and 33(7) did not vitiate the decision, as the facts did not support significant harm under Section 33(7), but justified the order under Section 33(6).

Court Disposition

Appeal dismissed

Orders

  • Ms Dolan to remain in occupation of the property to the exclusion of Mr Corby
  • Mr Corby not to enter or be within 100 yards of the property until further order (order to last six months)