Hobbs v Russell [1965] JJ 519 (28 October 1965)

Hobbs v Russell [1965] JJ 519 (28 October 1965)

Damages for adultery require proof that the co-respondent's actions disrupted the marriage and caused a loss assessable in financial terms; it is not enough that the marriage was already unsatisfactory.

Citation
[1965] JJ 519
Parties
Plaintiff: Hobbs; Co Respondent: Russell
Jurisdiction
Jersey
Judgment Date
28 October 1965
Procedural Posture
Divorce / Judgment
Outcome
Damages for adultery require proof of disruption and financial loss; mere unsatisfactoriness of marriage is insufficient.
Legal Topics
Divorce, Adultery, Damages
Family Law Divorce Adultery Damages

Case Brief

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Parties

Hobbs

Plaintiff

Russell

Co Respondent

Procedural Posture

Divorce / Judgment

Legal Issues

  1. 1 Whether the plaintiff must show that the co-respondent's actions disrupted the marriage to claim damages for adultery
  2. 2 Whether it is sufficient for the marriage to have already been unsatisfactory to claim damages
  3. 3 How loss should be assessed in financial terms in adultery cases

Ratio Decidendi

Damages for adultery require proof that the co-respondent's actions disrupted the marriage and caused a loss assessable in financial terms; it is not enough that the marriage was already unsatisfactory.

Court Disposition

Damages for adultery require proof of disruption and financial loss; mere unsatisfactoriness of marriage is insufficient.