FRB v DCA [2019] EWHC 2816 (Fam) (28 October 2019)

FRB v DCA [2019] EWHC 2816 (Fam) (28 October 2019)

The claim in deceit is struck out because it discloses no reasonable grounds for bringing the claim and constitutes an abuse of process, as the statutory financial remedy regime under the Matrimonial Causes Act 1973 is intended to be comprehensive and exclusive in this context. Parallel tort proceedings would undermine the statutory scheme and are inappropriate.

Citation
[2019] EWHC 2816 (Fam)
Parties
Claimant: FRB; Defendant: DCA
Jurisdiction
England and Wales
Judgment Date
28 October 2019
Procedural Posture
Application to Strike Out Claim for Damages in Deceit (paternity Fraud) Between Spouses / Judgment on Strike Out Application
Outcome
Claim struck out
Legal Topics
Deceit (fraud), Paternity Fraud, Financial Remedies on Divorce, Abuse of Process, Costs Orders
Family Law Tort Law Civil Procedure Deceit (fraud) Paternity Fraud Financial Remedies on Divorce Abuse of Process Costs Orders

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Parties

FRB

Claimant

DCA

Defendant

Procedural Posture

Application to Strike Out Claim for Damages in Deceit (paternity Fraud) Between Spouses / Judgment on Strike Out Application

Legal Issues

  1. 1 Does the tort of deceit (paternity fraud) exist between husband and wife?
  2. 2 If so, can it run in parallel with financial remedy proceedings or is it an abuse of process?

Ratio Decidendi

The claim in deceit is struck out because it discloses no reasonable grounds for bringing the claim and constitutes an abuse of process, as the statutory financial remedy regime under the Matrimonial Causes Act 1973 is intended to be comprehensive and exclusive in this context. Parallel tort proceedings would undermine the statutory scheme and are inappropriate.

Court Disposition

Claim struck out

Orders

  • Claim in deceit struck out under CPR 3.4(2)(a) and (b) as disclosing no reasonable grounds and as an abuse of process.
  • Claimant (husband) to pay 80% of defendant (wife)'s costs of the action including the strike-out, on the standard basis.