Jersey Judgment

Urquhart v Wallace [1974] JJ 119 (21 October 1974)

Family Law Financial Provision Misconduct Conduct of Parties

Citation: [1974] JJ 119
Status: Judgment
Jurisdiction: Jersey
Posture: Family Law / Judgment

More details

Posture: Family Law / Judgment

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Professional case brief

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Source document

Holding and result

The court held that all conduct of the parties must be considered in financial provision cases, but only in rare cases will gross and obvious misconduct justify denying financial provision entirely.

Court disposition

judgment delivered

Material facts

Parties

Urquhart

Applicant

Wallace

Respondent

Procedural history

Posture

Family Law / Judgment

Questions and positions

Legal issues

01
Whether all conduct of parties should be considered in financial provision decisions
02
Whether only 'gross and obvious' misconduct affects financial provision

Party arguments

Applicant: Applicant contends that all conduct, not just gross and obvious misconduct, should be considered in determining financial provision.
Respondent: Respondent argues that only gross and obvious misconduct should affect financial provision.

Court’s reasoning

Legal principles

01
Urquhart v Wallace [1974] JJ 119

All conduct of the parties is to be taken into account in financial provision, not just gross and obvious misconduct.
02
Urquhart v Wallace [1974] JJ 119

In a small number of cases, gross and obvious misconduct may make it repugnant to justice to order the other party to make any financial provision.

Ratio, limits and disposition

Ratio decidendi

The court held that all conduct of the parties must be considered in financial provision cases, but only in rare cases will gross and obvious misconduct justify denying financial provision entirely.

Obiter and limits

Financial provision may be reduced for reasons of guilt.

Court disposition

judgment delivered

Source and reliance status

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Judgment text

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Judgment

[1974] JJ 119

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BAILII >> Databases >> Jersey Law Reports >> Urquhart v Wallace [1974] JJ 119 (21 October 1974) URL: https://www.bailii.org/je/cases/JLR/1974/JLR740119.html Cite as: [1974] JJ 119 [ New search ] [ Help ] Urquhart v Wallace 1974 J. J. 119 (21 October 1974) Family Law-financial provision-conduct of parties-all conduct to be taken into account, not just "gross and obvious"-small number of cases in which "gross and obvious" misconduct makes it repugnant to justice to order other party to make any financial provision-may reduce financial provision for reasons of guilt 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: 1974 J. J. 119 BAILII: Copyright Policy | Disclaimers | Privacy Policy | Feedback | Donate to BAILII URL: https://www.bailii.org/je/cases/JLR/1974/JLR740119.html

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Urquhart v Wallace [1974] JJ 119

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