Jersey Judgment

Campbell v. Moignard [1963] JJ 285 (11 July 1963)

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Professional case brief

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Source document

01

Holding and result

The husband's alleged selfish and critical behaviour and hostile silence do not amount to cruelty sufficient to justify judicial separation.

Court disposition

application dismissed

02

Material facts

Parties

Campbell

Applicant

Moignard

Respondent

03

Procedural history

  1. Posture

    Family Law / Judgment

04

Questions and positions

Legal issues

Whether the husband's alleged selfish and critical behaviour and hostile silence constitute cruelty sufficient for judicial separation

Party arguments

Applicant
The husband engaged in selfish and critical behaviour and maintained a hostile silence, amounting to cruelty.
Respondent
The husband's conduct did not amount to cruelty under the law.

05

Court’s reasoning

  1. 01

    Campbell v. Moignard [1963] JJ 285

    Selfish and critical behaviour and hostile silence do not constitute cruelty for the purposes of judicial separation.

06

Ratio, limits and disposition

Ratio decidendi

The husband's alleged selfish and critical behaviour and hostile silence do not amount to cruelty sufficient to justify judicial separation.

Court disposition

application dismissed

Source and reliance status

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Judgment text

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Source document

Court record

Judgment

[1963] JJ 285

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BAILII >> Databases >> Jersey Law Reports >> Campbell v. Moignard [1963] JJ 285 (11 July 1963) URL: https://www.bailii.org/je/cases/JLR/1963/JLR630285.html Cite as: [1963] JJ 285 [ New search ] [ Help ] Campbell v. Moignard 1963 J. J. 285 (11 July 1963) Family Law-judicial separation-cruelty-husband's alleged selfish and critical behaviour and hostile silence not cruelty The document you wish to view is available to registered users or can be purchased as a PDF. To purchase this document in PDF format or alternatively to Register to purchase membership go to the Jersey Law website via this link: 1963 J. J. 285 BAILII: Copyright Policy | Disclaimers | Privacy Policy | Feedback | Donate to BAILII URL: https://www.bailii.org/je/cases/JLR/1963/JLR630285.html

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