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M v P [2019] EWFC 14

Mar 28, 2019, 11:36 AM
Marriage and divorce – Validity of decrees – Human and system error – Both parties had remarried – Whether the decrees were void or voidable
The court held that the decrees which were issued in error were voidable but not void.
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Date : Mar 28, 2019, 00:00 AM
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(Family Court, Sir James Munby, sitting as a judge of the High Court, 22 March 2019)

Marriage and divorce – Validity of decrees – Human and system error – Both parties had remarried – Whether the decrees were void or voidable

The court held that the decrees which were issued in error were voidable but not void.


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Neutral Citation Number: [2019] EWFC 14

Case numbers omitted

IN THE FAMILY COURT
Sitting at the Royal Courts of Justice

(In Open Court)

Royal Courts of Justice
Strand, London, WC2A 2LL

Date: 22 March 2019

Before :

SIR JAMES MUNBY (SITTING AS A JUDGE OF THE HIGH COURT)

- - - - - - - - - - - - - - - - - - - - -

Between :

M
Petitioner

- and -

P
The Queen’s Proctor Intervening
Respondent

- - - - - - - - - - - - - - - - - - - - -

- - - - - - - - - - - - - - - - - - - - -

Mr Simon P G Murray (instructed by the Government Legal Department) for the Queen’s Proctor
Ms Janet Bazley QC and Ms Katherine Dunseath (instructed by Messrs Duncan Lewis) all acting pro bono for P
M appeared in person

Hearing date: 28 February 2019

- - - - - - - - - - - - - - - - - - - - -

Approved Judgment

I direct that pursuant to CPR PD 39A para 6.1 no official shorthand note shall be taken of this Judgment and that copies of this version as handed down may be treated as authentic.

.............................

SIR JAMES MUNBY (SITTING AS A JUDGE OF THE HIGH COURT)

This judgment was handed down in open court

WARNING: The Judge has made a reporting restriction order prohibiting the identification of M and of P; failure to comply with this order will be a contempt of court [see paras 114-115 below]

 

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