Moignard v Campbell [1967] JJ 843 (13 December 1967)
- Citation
- [1967] JJ 843
- Status
- Judgment
- Jurisdiction
- Jersey
- Posture
- Family Law / Judgment
More details
- Posture
- Family Law / Judgment
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Professional case brief
Research organized from the available case record
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
PetitionerCampbell
Respondent03
Procedural history
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
Legal principles
- 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
Official court record
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Judgment text
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Court record
Judgment
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