Jersey Judgment

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

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01

Holding and result

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.

02

Material facts

Parties

Moignard

Petitioner

Campbell

Respondent

03

Procedural history

  1. Posture

    Family Law / Judgment

04

Questions and positions

Legal issues

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

Party arguments

Applicant
The petitioner argued that although a previous petition for judicial separation on the ground of cruelty was dismissed, subsequent developments in the relationship constituted cruelty justifying a new petition.
Respondent
The respondent contended that the earlier dismissal of a petition for cruelty should bar any further petition on the same ground.

05

Court’s reasoning

  1. 01

    Judgment in Moignard v Campbell [1967] JJ 843

    Dismissal of a previous petition for judicial separation based on cruelty does not bar a later petition on the same ground if subsequent conduct amounts to cruelty.

06

Ratio, limits and disposition

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.

Source and reliance status

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Source document

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Judgment

[1967] JJ 843

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