Mendal v Mendal

Mendal v Mendal

Where the applicant for ancillary relief was unaware of a subsisting prior marriage and did not deceive the other party, the public policy bar in Whiston v Whiston does not apply, and findings of fact on knowledge and deception cannot be challenged on a second appeal.

Parties
Appellant: Mendal; Respondent: Mendal
Jurisdiction
England and Wales
Judgment Date
24 April 2007
Procedural Posture
Civil Appeal / Application for Permission to Bring Second Appeal
Outcome
application refused
Legal Topics
Ancillary Relief, Nullity of Marriage, Public Policy, Bigamy, Appeals
Family Law Ancillary Relief Nullity of Marriage Public Policy Bigamy Appeals

Case Brief

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Parties

Mendal

Appellant

Mendal

Respondent

Procedural Posture

Civil Appeal / Application for Permission to Bring Second Appeal

Legal Issues

  1. 1 Whether the principle in Whiston v Whiston (ex turpi causa) bars a claim for ancillary relief following a void marriage where the applicant was unaware of a subsisting prior marriage
  2. 2 Whether findings of fact regarding knowledge and deception can be challenged on a second appeal

Ratio Decidendi

Where the applicant for ancillary relief was unaware of a subsisting prior marriage and did not deceive the other party, the public policy bar in Whiston v Whiston does not apply, and findings of fact on knowledge and deception cannot be challenged on a second appeal.

Court Disposition

application refused

Orders

  • Permission to appeal refused