Moignard v Campbell [1967] JJ 843 (13 December 1967)

Moignard v Campbell [1967] JJ 843 (13 December 1967)

A previous dismissal of a petition for judicial separation on the ground of cruelty does not preclude a later petition on the same ground if mutual resentment and recrimination subsequently develop into cruelty.

Citation
[1967] JJ 843
Parties
Petitioner: Moignard; Respondent: Campbell
Jurisdiction
Jersey
Judgment Date
13 December 1967
Procedural Posture
Family Law / Judgment
Outcome
Petition for judicial separation on the ground of cruelty may proceed despite earlier dismissal.
Legal Topics
Judicial Separation, Cruelty, Res Judicata
Family Law Judicial Separation Cruelty Res Judicata

Case Brief

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Parties

Moignard

Petitioner

Campbell

Respondent

Procedural Posture

Family Law / Judgment

Legal Issues

  1. 1 Whether dismissal of a previous petition for judicial separation based on cruelty bars a subsequent petition on the same ground if circumstances have changed

Ratio Decidendi

A previous dismissal of a petition for judicial separation on the ground of cruelty does not preclude a later petition on the same ground if mutual resentment and recrimination subsequently develop into cruelty.

Court Disposition

Petition for judicial separation on the ground of cruelty may proceed despite earlier dismissal.