Dolan v Corby [2011] EWCA Civ 1664 (07 December 2011)

Dolan v Corby [2011] EWCA Civ 1664 (07 December 2011)

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, justified by the applicant's vulnerability and psychiatric state, and the unworkability of joint occupation. The conflation of Sections 33(6) and 33(7) did not vitiate the decision as the Recorder had regard to all relevant circumstances.

Citation
[2011] EWCA Civ 1664
Parties
Appellant: Dolan; Respondent: Corby
Jurisdiction
England and Wales
Judgment Date
07 December 2011
Procedural Posture
Appeal (family Law) / Appeal Judgment
Outcome
Appeal dismissed
Legal Topics
Occupation Orders, Non Molestation Orders, Section 33 Family Law Act 1996, Balancing Exercise Under Section 33(6), Significant Harm Test Under Section 33(7)
Family Law Occupation Orders Non Molestation Orders Section 33 Family Law Act 1996 Balancing Exercise Under Section 33(6) Significant Harm Test Under Section 33(7)

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Parties

Dolan

Appellant

Corby

Respondent

Procedural Posture

Appeal (family Law) / Appeal Judgment

Legal Issues

  1. 1 Whether the Recorder correctly applied Sections 33(6) and 33(7) of the Family Law Act 1996 in granting an occupation order excluding Mr Corby from the property
  2. 2 Whether the findings of fact and the balancing of harm 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, justified by the applicant's vulnerability and psychiatric state, and the unworkability of joint occupation. The conflation of Sections 33(6) and 33(7) did not vitiate the decision as the Recorder had regard to all relevant circumstances.

Court Disposition

Appeal dismissed

Orders

  • Occupation order in favour of Ms Dolan maintained
  • Mr Corby remains excluded from the property