Jersey Judgment

Comerford v Such [1979] JLR 119 (26 September 1979)

Family Law Adultery Standard of Proof

Citation: [1979] JLR 119
Status: Judgment
Jurisdiction: Jersey
Posture: Divorce / Judgment

More details

Posture: Divorce / Judgment

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Holding and result

A charge of adultery in divorce proceedings requires a high degree of proof; mere suspicion is insufficient.

Court disposition

Adultery not proven; charge dismissed.

Material facts

Parties

Comerford

Applicant

Such

Respondent

Procedural history

Posture

Divorce / Judgment

Questions and positions

Legal issues

What is the required standard of proof for adultery in divorce proceedings?

Party arguments

Applicant: Alleged facts intended to prove adultery.
Respondent: Facts alleged only lead to suspicion, not inevitable inference of adultery.

Court’s reasoning

Legal principles

01
[1979] JLR 119

Charge of adultery in divorce proceedings requires a high degree of proof; it is insufficient to allege facts which, even if substantiated, only lead to suspicion and not an inevitable inference of adultery.

Ratio, limits and disposition

Ratio decidendi

A charge of adultery in divorce proceedings requires a high degree of proof; mere suspicion is insufficient.

Court disposition

Adultery not proven; charge dismissed.

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Judgment

[1979] JLR 119

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[1979] JLR 119

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