X v Y [2015] EW Misc B10 (CC) (20 March 2015)

X v Y [2015] EW Misc B10 (CC) (20 March 2015)

The defendant, by her words and conduct, knowingly and deliberately misrepresented to the claimant that he was the father of the child, inducing him to enter into a separation agreement and make maintenance and property payments. The claim in deceit is made out. Maintenance payments for the child are not recoverable due to public policy, but payments for property maintenance are recoverable as they were not for the benefit of the child.

Citation
[2015] EW Misc B10 (CC)
Parties
Claimant: X; Defendant: Y
Jurisdiction
England and Wales
Judgment Date
20 March 2015
Procedural Posture
Civil / Judgment After Trial
Outcome
Claim in deceit succeeded in part.
Legal Topics
Deceit, Fraud, Maintenance Payments, Paternity, Damages
Tort Family Law Deceit Fraud Maintenance Payments Paternity Damages

Case Brief

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Parties

X

Claimant

Y

Defendant

Procedural Posture

Civil / Judgment After Trial

Legal Issues

  1. 1 Whether the defendant deceived the claimant as to the paternity of a child, resulting in financial and emotional loss.
  2. 2 Whether maintenance payments made under a separation agreement induced by fraud are recoverable.

Ratio Decidendi

The defendant, by her words and conduct, knowingly and deliberately misrepresented to the claimant that he was the father of the child, inducing him to enter into a separation agreement and make maintenance and property payments. The claim in deceit is made out. Maintenance payments for the child are not recoverable due to public policy, but payments for property maintenance are recoverable as they were not for the benefit of the child.

Court Disposition

Claim in deceit succeeded in part.

Orders

  • General damages of £10,000 awarded for distress and loss.
  • Special damages of £4,000 awarded for loss of earnings.