Family Law in the Twentieth Century: A History by Stephen Cretney

Author:Stephen Cretney
Language: eng
Format: epub
Published: 2015-04-23T04:00:00+00:00

(68) Hull v. Hull [I960] P 118.

(69) In Tumatb v. Tumath (above) Salmon LJ insisted that it was ‘well settled’ that in maintenance proceedings it was ‘of the utmost importance for the court to have regard to the conduct of the parties …’; and Edmund Davies LJ drew attention to the fact that the conduct of the parties was the first of the matters listed by Lindley LJ inWood v. Wood [1891] P 272, 276, as being relevant to assessment of maintenance.

(70) See Porter v. Porter [1971] P 282, 284, per Ormrod J, on the ‘conflict between two issues of public policy; on the one hand, the desirability of finality in litigation, which means the very proper and reasonable wish to prevent the same parties litigating the same issues of fact in the suit, and again in chambers on ancillary applications; and, on the other hand, the importance in the interests of justice to the individuals concerned, that the discretionary powers of the court in ancillary matters should be exercised with a full knowledge of all the relevant facts, rather than on a basis, partly of fact and partly of assumptions, arising from such rules as estoppel. It is particularly difficult to do justice in so personal a field as matrimonial cases if the realities of the situation are allowed to be obscured by the application of rules or principle which in other situation sassist the cause of justice’.

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