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

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

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.

Citation
[1974] JJ 119
Parties
Applicant: Urquhart; Respondent: Wallace
Jurisdiction
Jersey
Judgment Date
21 October 1974
Procedural Posture
Family Law / Judgment
Outcome
judgment delivered
Legal Topics
Financial Provision, Misconduct, Conduct of Parties
Family Law Financial Provision Misconduct Conduct of Parties

Case Brief

Summary, issues, holding and outcome

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Parties

Urquhart

Applicant

Wallace

Respondent

Procedural Posture

Family Law / Judgment

Legal Issues

  1. 1 Whether all conduct of parties should be considered in financial provision decisions
  2. 2 Whether only 'gross and obvious' misconduct affects financial provision

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.

Court Disposition

judgment delivered