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Davis v Johnson [1978] 2 WLR 553 House of Lords. This case concerned the interpretation of the Domestic Violence and Matrimonial Proceedings Act 1976. At the Court of Appeal Lord Denning referred to Hansard stating, that not to do so would be like 'groping in the dark without switching on the light'. On appeal to the House of Lords the Lords ...
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An unmarried mother and the father of her child are cohabitants of a local council flat, of which they are registered as joint tenants. The man beat the woman frequently, employing extreme violence. The man threatened to kill her with a screwdriver as well as to chop her body up. The woman eventually fled from the flat with her child. She applied t...
Section 1(1) of the 1976 Act gives a county court the power to exclude a party from a “matrimonial home.” The question arose as to whether the 1976 Actcould be interpreted to allow the exclusion of a joint tenant from a flat as well as whether its protection extends to unmarried cohabitees.
Firstly, the House of Lords held that the effect of the 1976 Act is not allow a county court the power to grant an injunction to exclude a violent person from a home irrespective of whether or not the cohabitees are joint tenants. It is established authority that one joint tenant cannot lawfully exclude another joint tenant from property that they ...
Aug 8, 2017 · Davis v Johnson [1978] 8 August 2017. 1950-1999 Crime England & Wales Family. Davis v Johnson resolved once and for all the correct interpretation of the Domestic Violence and Matrimonial Proceedings Act (DVMPA) 1976. The House of Lords held that the proprietorial right of a husband to occupy the matrimonial home in the event of his physical ...
Jun 2, 2022 · Held: The Court of Appeal was in general bound to follow its own previous decisions. The court considered . . Appeal from – Davis v Johnson CA 1978. The court had to consider whether the Act protected cohabitees as well as wives. In doing so the court looked at whether it could look to parliamentary debates.
Davis v Johnson (1978) SUSAN EDWARDS. d Auchmuty 2018 Hart Davis v Johnson1 resolved once and for all the correct interpretation of the Domestic Violence and Matrimonial Proceedings Act (DVMPA) 1976, which had up until then been const. ued in different ways. The House of Lords held that the proprietorial right of a husband to occupy the ...
Davis v Johnson. The Master of The Rolls (Lord Denning) Ths Right Honourable The President (Sir George Baker) Lord Justice Goff. Lord Justice Shaw and. Lord Justice Cumming-Bruce. In The Supreme Court of Judicature. Court of Appeal. On Appeal from the Brentford County Court.
Our briefs summarize and simplify; they don’t just repeat the court’s language. Get Davis v. Johnson, [1979] AC 264 (1978), United Kingdom House of Lords, case facts, key issues, and holdings and reasonings online today. Written and curated by real attorneys at Quimbee.
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