Moore v Moore

Moore v Moore

The Court held that the statutory protection of occupation rights under section 33 of the Family Law Act 1996 is not denied simply because there has been a change in the nature of the qualifying contract, provided the basic statutory conditions are met. However, in this case, the wife's present entitlement was too insubstantial to found an application, and the appeal was dismissed.

Parties
Appellant: Mrs Moore; Respondent: Mr Moore
Jurisdiction
England and Wales
Judgment Date
29 July 2004
Procedural Posture
Family Law Appeal / Appeal From Family Division Decision on Occupation Order and Related Reliefs
Outcome
Appeal dismissed
Legal Topics
Occupation Orders, Matrimonial Home Rights, Jurisdictional Disputes, Financial Relief Pending Divorce
Family Law Occupation Orders Matrimonial Home Rights Jurisdictional Disputes Financial Relief Pending Divorce

Case Brief

Summary, issues, holding and outcome

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Parties

Mrs Moore

Appellant

Mr Moore

Respondent

Procedural Posture

Family Law Appeal / Appeal From Family Division Decision on Occupation Order and Related Reliefs

Legal Issues

  1. 1 Whether the wife is entitled to an occupation order under section 33 of the Family Law Act 1996 after the termination of the husband's tenancy
  2. 2 Whether a new or revived tenancy can restore matrimonial home rights under the Act
  3. 3 Proper construction of sections 30 and 33 of the Family Law Act 1996

Ratio Decidendi

The Court held that the statutory protection of occupation rights under section 33 of the Family Law Act 1996 is not denied simply because there has been a change in the nature of the qualifying contract, provided the basic statutory conditions are met. However, in this case, the wife's present entitlement was too insubstantial to found an application, and the appeal was dismissed.

Court Disposition

Appeal dismissed

Orders

  • 50 per cent of costs awarded in favour of the Respondent